SHIRISH MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 20.10.2011, passed by the learned Additional Sessions Judge, Lakhimpur, North Lakhimpur, in Sessions Case No. 124(NL) of 2010, whereby the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code, (for short, IPC) and sentenced him to suffer imprisonment for life and pay fine of Rs. 1000/-, in default, suffer rigorous imprisonment for another period of 30 days. The prosecution case, in brief, is that, on 10.08.2008, Md. Abdul Majid (hereinafter called the 'deceased'), elder brother of the informant went to Doolahat Bazar, but did not return home. On the same night, in between 9 to 10 pm, some persons, including the appellant, were found raising hue and cry on the road, in front of the house of Sri Parameswar Roy (PW-2). As Sri Parameswar Roy and Sri Horekrishna Baishnab (PW-1) had approached the said persons, the appellant threatened them to leave the place and accordingly they left.

(2.) During the investigation, Police examined the witnesses and arrested the appellant and two other persons, namely Bhuban Sarkar and Rajani Mandal (both acquitted).

(3.) At the close of the investigation, Police submitted charge-sheet under Sections 341/323/326/302 and 201 read with Section 34 IPC. The offence being exclusively triable by the Court of Sessions, the learned Judicial Magistrate 1st Class, North Lakhimpur committed the case to the Court of Sessions and the learned Additional Sessions Judge, considering the materials, on-record, framed charges under Sections 302/34/201/34 IPC. The charges were read over and explained to the accused persons, to which they pleaded not guilty and claimed to be tried.