JOKA KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal by the convict, who is in custody, is directed against the judgment of conviction dated 05.02.2009 passed by the learned Sessions Judge, Tinsukia, in Sessions Case No.188(M)/2006, convicting the appellant under Section 302 IPC and sentencing him to under rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for a further period of 6(six) months. By the said judgment the learned Sessions Judge, however, acquitted Sri Jiban Karmakar of the charges both under Section 302/436 IPC. The present appellant has also been acquitted of the charge under Section 436 IPC.

(2.) THE prosecution story, as revealed from the first information report lodged by PW-6 Sri Kanak Koya on 15.03.2006 with the Officer- in-Charge of Pengaree Police Station, is that at about 9 P.M. on 14.03.2006 the accused appellant, a co-villager inflicted blow on the person of Dipak Koya, son of the informant, with a sharp weapon and killed him. It has also been mentioned in the said F.I.R. that Thungru Karmakar, Bhutang Karmakar and Jiban Karmakar, who are the co- villagers, are also involved in the said incident. There was also allegation of putting the dwelling house on fire. The police on receipt of the first information report registered Pengaree P.S. Case No.14/2006 under Section 302/436/34 IPC. During investigation the police examined the persons acquainted with the facts of the case, under Section 161 Cr.P.C., seized certain articles including the dao, conducted the inquest and send the dead body for post mortem examination. On completion of investigation, charge-sheet dated 29.04.2006 was filed against the present appellant Joka Karmakar under Section 302/436/34 IPC showing the other two accused persons, namely, Thungru Karmakar and Bhutung Karmakar as absconder, against which the case has been filed. The case being exclusively triable by the Court of Sessions, the learned S.D.J.M., Margherita vide order dated 29.09.2006 committed the same to the Court of Sessions, who on 04.12.2006 framed the charge against the present appellant and Jiban Karmakar under Section 302/436/34 IPC, which when read over and explained to the accused persons, they pleaded not guilty and claimed to be tried. The trial, therefore, has commenced.

(3.) WE have heard Mr. T.J. Mahanta, learned amicus curiae, who has been engaged to argue the appeal on behalf of the accused appellant, appeal having been filed from the custody and the accused appellant being not represented by any learned counsel. We have also heard Mr. B.J. Dutta, learned Addl. P.P., Assam.