ANIL EKKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from the jail is against the judgment dated 15.07.2009, passed by the learned Additional Sessions Judge (FTC) No. 2, Tinsukia, in Sessions Case No. 64(T)/2008, by which the appellant has been convicted under Section 302 IPC and has been imposed with the sentence of life imprisonment with a fine of Rs. 2000/- and in default, to undergo another period of 3(three) months rigorous imprisonment. On 23.02.2008, an FIR was lodged by PW-10 with the Doomdooma Police Station, stating therein that at around 3.45 p.m., the accused/appellant killed the deceased by hacking him with a Dao in front of his gateway. On receipt of the FIR, Doomdooma P.S. Case No. 69/2008 was registered under Section 302 IPC. The police carried out investigation, during which the statement of the PW-3 and PW-4 were also recorded under Section 164 Cr.P.C., exhibited during the trial as Ext. 10 and Ext. 11, respectively.

(2.) On the basis of the charge sheet submitted by the police, charge against the accused/appellant was framed under Section 302 IPC. During trial, prosecution examined 11 witnesses, including the Investigating Officer. The statement of the accused/appellant was also recorded under Section 313 Cr.P.C. The defence declined to adduce any evidence.

(3.) P.W. 1 is the doctor, who had performed the post-mortem examination on the dead body. He in his deposition stated that he found the following injuries:-