LAKSHMAN RAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by the convict, who is in custody, is directed against the judgment of conviction dated 25.09.2008 passed by the learned Sessions Judge, Kamrup at Guwahati in Sessions Case No.49(K)/2007, 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 undergo rigorous imprisonment for a further term of 6(six) months.

(2.) The prosecution case, as it emerges from the first information report lodged on 04.06.2004 (Ext.-7) at 4 P.M., is that on 03.06.2004 at about 5 P.M. Shri Lakshman Rai (appellant) and his wife Babita Devi stabbed informant Smt. Kusuma Devi's (PW-3) husband Shri Kailash Rai with a dagger, who was declared dead when taken to the hospital. On receipt of the said F.I.R. Noonmati Police Station Case No.158/2004 was registered under Section 302/34 IPC. During investigation the police recorded the statements, under Section 161 Cr.P.C., of the persons who are acquainted with the facts of the case and also arrested the appellant, who initially absconded. The dead body was also sent for post mortem examination. On completion of the investigation, charge-sheet under Section 302/34 against the appellant and his wife was submitted on 30.09.2005. The case being exclusively triable by the Court of Sessions, the learned Sub-Divisional Magistrate (S) No.1, Guwahati on 14.02.2007 committed the same to the Court of Sessions and accordingly Sessions Case No.49(K)/2007 has been registered.

(3.) On 17.03.2007 the learned Sessions Judge has framed charge under Section 302/34 IPC only against the present appellant, though the charge under Section 302 only ought to have been framed.