RANJIT GHATWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 20.12.2010 passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 120(JJ) of 2009, the accused/appellant, namely, Sri Ranjit Ghatwal, who has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 3,000/-, in default, further rigorous imprisonment for 3 (three) moths, setting off the sentence against him for the period of his detention in connection with the case has filed this appeal from jail. The case of the prosecution is that at about 11:00 a.m. on 04.06.2009 PW1, Smti. Anita Mosahor, lodged a FIR in the Pulibor Police Station stating that at about 9:05 p.m. of the previous night, i.e., 03.06.2009, Sri Ranjit Ghatwal, son of Late Phuchand Ghatwal, resident of Purana Line of Mohbandha Tea Estate entered their house and while stealing a bucket that was in their verandah, the dog of their house started barking, then they came out and saw Ranjit was taking away the bucket, immediately they followed him and when asked why he has taken the bucket, he ran inside his house, took out an axe and hit her husband in his head and he fell down and when she raised alarm, neighbours came and taken him to hospital. In the FIR it was further mentioned that though hospital authority initially refused to admit him as it is a police case but seeing his deteriorating condition and heavy loss of blood, he was given medical treatment and immediately she informed the police station.

(2.) On receipt of the aforesaid FIR Pulibor P.S. Case No. 42/2009 under Sections 447/379/324 of the Indian penal Code corresponding to G.R. Case No. 484/2009 was registered and after the death of the deceased, Section 302 IPC was added. The case was investigated by P.W. 10, Mohammad Hussain, SI of Police in the course of the investigation inquest was held on the dead body which was sent for post mortem examination statement of person acquainted with the crime alleged was recorded by the Investigating Officer under Section 161 Cr.P.C., and at the conclusion of the investigation Charge-Sheet was submitted on 19.09.2009 vide Charge Sheet No. 61/2009 against the accused appellant under Section 302 IPC. The offence under Section 302 IPC being exclusively triable by the Court of Sessions, learned Junior Magistrate First Class, Jorhat vide order dated 17.11.2009 committed the case to the learned Sessions Court, Jorhat which was accordingly registered and numbered as Sessions Case No. 120 (JJ) of 2009.

(3.) Learned Sessions Judge, Jorhat by his order dated 26.11.2009 framed charge under Section 302 IPC against the accused/appellant, which was read over and explained to him, to which the accused appellant pleaded not guilty and wanted to be tried. The accused appellant being unable to engage any lawyer of his own, the learned Sessions Court, Jorhat appointed an Advocate as State Defence Counsel to defend him.