MOHAN KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and Order dtd. 13/9/2022 passed by the learned Sessions Judge, Baksa, Mushalpur, whereby, the appellant was convicted under Ss. 302/326 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.1,000.00, in default of payment of fine, simple imprisonment for another two months for the offence under Sec. 302 IPC and sentenced to rigorous imprisonment for 5 years and fine of Rs.1,000.00, in default, simple imprisonment for 6 months under Sec. 326 IPC. Both the sentences were directed to run consecutively.

(2.) The brief facts of the case is that the informant one Haldhar Kumar lodged an First Information Report (FIR) before the Officer-In-Charge, Barbari Police Station stating inter alia that on 9/8/2009 at abour 08-30 p.m., the appellant hacked his mother Padma Kumari and his own elder brother Binod Kumar over some domestic matter and caused grievous injuries on their persons. Although they were taken to Gauhati Medical College and Hospital (GMCH), Padma Kumari succumbed to her injuries.

(3.) On receipt of the complaint, a case was registered vide Barbari Police Station Case no. 42/2009 under Ss. 326/302 IPC and an investigation was initiated. During investigation, the Investigating Officer visited the place of occurrence, recorded the statement of the witnesses, conducted inquest on the dead body of the deceased and thereafter, the dead body was sent for post mortem examination. After completion of investigation, charge-sheet was submitted against the appellant under Ss. 302/326 IPC before the Court of SDJM(S), Nalbari. As the offence under Sec. 302 IPC is exclusively triable by the Court of Sessions, the case was committed accordingly.