LAWS(GAU)-2023-12-15

KAMAL DIHINGIA Vs. STATE OF ASSAM

Decided On December 12, 2023
Kamal Dihingia Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and Order, dtd. 7/2/2023 passed by the learned Additional Sessions Judge (FTC), Dibrugarh in connection with Sessions case No. 158/ 2017, whereby the appellant was convicted under Sec. 302 /448 of the IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.1000.00, in default of payment of fine R.I. for one month, for the offence under Sec. 302 IPC. The appellant was also sentenced to undergo rigorous imprisonment for two months for the offence under Sec. 448 of the IPC. Both the sentences were directed to run concurrently.

(2.) The wife of the deceased (PW-1) lodged an FIR before the Officer-in-Charge of Borburah Police Station on 16/10/2017, stating inter-alia that on 15/10/2017 at round 10 pm, the appellant along with his son Bipul Dihingia and son in law Bikash Dhadumia came to the house of the informant and inflicted injuries with iron hammer on the head of her husband Prashanta Chetia, as a result of which he sustained grievous injuries in his head. Though he was admitted to Aditya Nursing Home at Diburagrah but his condition was critical. It is also alleged in the FIR that they also assaulted her nephews Simanta Saikia, Rahul Saikia and Arpit Konwar who had come to their house on the date of incident, to take her ailing husband to the hospital.

(3.) On receipt of the complaint, a case was registered vide Borburuah P.s. Case No. 235/2017 under Sec. 448/326/325/307/34 of the IPC. Subsequently, the injured succumbed to his injuries on 18/10/2017. Then the investigation officer made a prayer before the jurisdictional magistrate to add Sec. 302 IPC and accordingly Sec. 302 IPC was added. Thereafter the investigation was initiated. During investigation the statements of the witnesses were recorded. The inquest was conducted on the dead body of the deceased and subsequently the dead body of the deceased was sent for post-mortem examination. In the course of investigation, one hammer was seized which was used at the time of commission of the crime. After completion of the investigation, having found sufficient incriminating materials against the appellant for causing death of the deceased, charge sheet was submitted against him under Sec. 448/302 IPC. However, against other accused persons, i.e. Bipul Dihingia and Bikash Dadhumia, charge sheet was laid under Sec. 448/352/294/323/34 IPC before the Court of SDJM, Dibrugarh. As the offence under Sec. 302 of the IPC is exclusively triable by the court of Sessions, the case was committed accordingly.