MRINAL SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 28.06.2010 passed by the learned Sessions Judge, Kokrajhar, in Sessions Case No. 78/2009, convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for a further term of 6 (six) months. Based on the first information report (Ext. 1) lodged on 07.11.2007, by Biswajit Sarkar (PW-1), brother of the deceased, alleging that the accused persons, namely, the appellant herein and his parents in furtherance of a hatched plan, confined his sister Tumpa Sarkar (deceased) in her living room, beat her up, leading to her death, lodged with the Officer-in-Charge of Bhawraguri Outpost, Gossaigaon Police Station Case No. 247/2007 has been registered under Section 302/34 IPC. The investigating agency, thereafter, proceeded to investigate and recorded the statements of the persons acquainted with the facts, under Section 161 Cr.P.C. and also sent the dead body for post-mortem examination, after conducting the inquest. The investigating agency on completion of investigation submitted charge-sheet only against the present appellant under Section 302 IPC. Vide order dated 30.09.2009 the learned Addl. Chief Judicial Magistrate, Kokrajhar, in G.R. Case No. 969/2007, committed the accused-appellant for trial by the Court of Sessions, since the offence alleged is triable by the Court of Sessions exclusively. The learned Sessions Judge, Kokrajhar, then on 03.11.2009, framed charge against the accused-appellant under Section 302 IPC, which when read over and explained to him, he pleaded not guilty and claimed to be tried. Hence the trial commenced.

(2.) The prosecution in order to bring home the charge framed against the accused-appellant, examined 8 (eight) witnesses, namely, Biswajit Sarkar, first informant, brother of the deceased as P.W. 1; Dr. Jitendra Kr. Nath, who conducted the autopsy and submitted the post-mortem examination report (Ext. 2), as PW-2; Shri Sanjoy Sarkar, another brother of the deceased as PW-3; Shri Kartik Sarkar, another brother of the deceased as PW-4; Nikhil Ch. Sarkar, uncle of the accused-appellant as PW-5; Shri Abhijit Sarkar, another brother of the deceased as PW-6; Shri Gopal Ch. Dutta, a neighbour, as PW-7 and Shri Binanda Basumatary, the Investigating Officer, as PW-8. The FSL report relating to the examination of the viscera has also been proved as Ext. 3. The G.D. Entry made by the police on receipt of the information relating to the death of the deceased, prior to lodging of the first information report, has been proved and marked as Ext. 4. The witnesses were duly cross-examined by the defence, who though was given the opportunity to adduce evidence, he, however, did not lead any evidence. The statement of the accused-appellant under Section 313 Cr.P.C. was thereafter recorded.

(3.) The learned Sessions Judge, upon appreciation of the evidence on record, has convicted the accused-appellant under Section 302 IPC and sentenced him to undergo imprisonment, as noticed above. Hence the present appeal.