PRASANTA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 07.12.2012, passed by learned Sessions Judge, Jorhat in Session Case No. 77 (JJ) 2010 convicting accused/appellant Shri Prashanta Dutta of offence under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, in default, R.I. for another 3 months. Being aggrieved by and dissatisfied with the aforesaid judgment, Shri Prasanta Dutta, here-in-after referred to as the accused person, preferred this appeal citing several infirmities in judgment, impugned.

(2.) The facts which have emerged from the judgment, under challenge, in brief, are that on the night intervening 7th and 9th October 2008, one Abhijit Baruah, nephew of Shri Ajay Baruah, resident of Kenduguri, Bamungaon, Jorhat was kidnapped by a group of miscreants from a place, quite close to the Puja Pandal, Kenduguri. It was stated that Abhijit Baruah was taken away in an auto rickshaw, named "Parinita". However, body of said Abhijit Baruah was found on the N.H. 37 near Padumoni village with several cut wounds thereon.

(3.) An FIR to that effect being lodged with O/C Jorhat Police Station on 9th October, 2008, Police registered a case vide Jorhat PS Case No 535/2008 under Section 365/302/34 IPC and ordered one Sri. Biswajit Gogoi, S.I of police to take up investigation. Being so entrusted with the investigation, Sri Gogoi visited the place where the dead body was found, prepared a sketch map thereof, conducted an inquest on the dead body, sent the same to hospital for post mortem examination, arrested the accused person during the course of investigation, did other needful and on conclusion of investigation, Sri Gogoi submitted a charge-sheet under Section 364/302 IPC against the accused person and sent him to the Court to stand his trial.