SONARAM TUDU Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order, dated 23.07.2010, passed by the learned Sessions Judge, Kokrajhar, in Sessions Case No. 26 of 2009, convicting the appellant under Section 302 IPC and sentencing him thereby to undergo imprisonment for life and also pay a fine of Rs. 5000/- and, in default of payment of fine, suffer further rigorous imprisonment for 6 months, stand assailed in this appeal. The prosecution's case, in brief, is that on 02.07.2008, at about 6.30 P.M., Ela Soren (deceased) went to the house of Ananda Tudu and while she was returning back home, the accused appellant, in front of his house, killed her by inflicting on her injuries by means of sword. Sonaram Tudu (P.W. 3), brother-in-law of the deceased, witnessed the occurrence. The accused after inflicting the blows by means of sword, ran away towards his house holding the sword in his hand. P.W. 3 raised alarm and, on, hearing the alarm, people from the vicinity including the husband of the deceased arrived at the place of occurrence. Victim Ela Soren died immediately. Thereafter, the VDP Secretary (P.W. 5) informed the police over telephone. Police came and seized one wooden handle of the sword from the place of occurrence. P.W. 2 Naren Tudu, husband of the deceased, lodged a formal written Ejahar and treating the Ejahar as first information report, police registered Tamarhat P.S. Case No. 41/2008 under Section 302 IPC. The accused was arrested and the sword, which had been used in commission of offence, was recovered, at his instance, from a pond situated in the compound of the house of the father-in-law of the accused.

(2.) During investigation, inquest on the dead body was held by the executive magistrate and it was subjected to post-mortem examination. The statement of the accused, under Section 27 of the Evidence Act, leading to discovery of the sword was also recorded prior to the seizure of the sword. On completion of investigation, police submitted charge sheet against the accused under Sections 341 /302 IPC.

(3.) Having found material under Section 302 IPC, the learned trial Court framed charge under Section 302 IPC against the accused to which accused pleaded not guilty and claimed to be tried.