BIKRAM MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. A. Devi, learned Amicus Curiae spearing for the appellant Also heard Mr. K.A. Mazumdar, learned Addl. P.P. Assam appearing for the State respondent. This appeal is preferred by convict appellant from jail against the judgment dated 21.11.2007 rendered by the learned Addl. Sessions Judge (FTC), Sivasagar, in Sessions Case No. 52(S-C) 2007 convicting and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/-, in default further RI for 1 month for committing offence under Section 302 IPC.

(2.) The prosecution case, put very shortly, is that on 31.5.2005 at about 5 PM, the appellant committed murder of Satish Kumar Tewari alias Guddu on the road side of Lahdoigarh village, under Sonari P.S. and on receipt of a written FIR on the same day from one Sri Binod Shah, the in-charge of Namtola Police check post, made G.D. Entry No. 519 dated 31.5.2005, took up the investigation and forwarded the FIR to Sonari P.S. for registering a case. Thus, the Sonari P.S. Case No. 82/2005, was registered u/s 302 IPC against the appellant.

(3.) The I.O. visited the place of occurrence, prepared a sketch map of the place of occurrence, held inquest on the dead body and brought the dead body to the out post. He seized the vest (Ganjee) and sporting which were worn by the deceased at the time of occurrence and forwarded the dead body to Sivsagar Civil Hospital for holding post mortem examination. The I.O. arrested the appellant who confessed his guilt. He then forwarded the appellant to the Court for recording the confessional statement under Section 164 Cr.P.C. He also sent the witness Binod Shah and Nirmal Dev for recording their statement under Section 164 Cr.P.C. The seized dao and sporting ganjee were sent to the Forensic Science Laboratory, Guwahati, through the Sub-Divisional Police Officer, Charaideo for chemical examination. In the meantime, the I.O. (PW 6), was transferred to other place. The case diary was handed over to officer-in-charge and the investigation was handed over to PW 7, Bholaram Bora, who collected the FSL report and on completion of the investigation, submitted the charge sheet. The case, being exclusively triable by the Court of Sessions, was committed by the concerned Magistrate to the court of sessions, whereupon the aforesaid Sessions Case was registered and made over to the learned Additional Sessions Judge, FTC, Sivasagar, for disposal. The learned trial Court framed charge u/s 302 IPC against the appellant. The said charge was read over and explained to the appellant who pleaded guilty staling that on the day of occurrence at about 4 PM, the deceased with three others, assaulted him on the road at Lahdoigarh village and so he killed the deceased. His plea of guilt was recorded. However, considering the nature of offence, learned trial Court proceeded with the trial. The appellant, thus, stood the trial.