SUNUWA MURMU @ MURARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the accused appellant Sri Sumua Murmu @ Murali, from jail against the Judgment of conviction dated 08.12.2010 passed by learned Additional Sessions Judge, (FTC), Sivasagar in Sessions Case No. 154 (S-C) 2009 under Section 302 of the Indian Penal Code (IPC, in short) and sentenced him to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 3,000, in default, to suffer Simple Imprisonment for another 3(three) months setting of the period of detention undergone by the accused appellant during trial. We have heard Mr. Ranjan Kr. Bharali, learned Amicus Curiae for the accused appellant and Ms. Shemima Jahan, learned Additional Public Prosecutor, Assam representing the State.

(2.) It is seen from the records that on 16.02.2009 Smti. Mangli Besara lodged an FIR around 08:40 AM before the Officer-in-Charge of Borhat Police Station under Sivasagar District stating that on the night of 15.02.2009 while her husband Sri Milan Besara (Majhi) was sleeping in his house, some unknown persons committed his murder by hacking him in his neck.

(3.) On the basis of the said FIR, police registered Borhat Police Station Case No. 05/2009, corresponding to GR Case No. 100/2009 under Section 302 IPC and thereafter, the investigating agency started the investigation. During investigation, The police visited the place of occurrence, conducted the inquest on the dead body of the deceased Milan Besara (Majhi) and sent the said dead body for post mortem examination, recorded the statements of the witnesses under Section 161 Cr.P.C.