LAWS(GAU)-2024-7-29

UTTAM DIBRA Vs. STATE OF ASSAM

Decided On July 23, 2024
Uttam Dibra Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The present criminal appeal from Jail is preferred taking exception to a Judgment dtd. 9/5/2019 and an Order on sentence dtd. 9/5/2019 passed by the Court of learned Sessions Judge, Karbi Anglong, Diphu in Sessions Case no. 08/2011, arising out of G.R. Case no. 94/2010 and Kheroni Police Station Case no. 54/2010. In the Judgment dtd. 9/5/2019, the accused-appellant has been held guilty of the offence under Sec. 300, Indian Penal Code [IPC]. By the Order on sentence dtd. 10/5/2019, the accused-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000.00, in default of payment of fine, to undergo simple imprisonment for 1 [one] year.

(2.) As per the prosecution case, one Pradip Kumar Dibra as the informant lodged a First Information Report [FIR] before the In-Charge, Mailoo Police Out Post on 13/9/2010 whereby the informant had alleged that at around 11-00 a.m. on that day, that is, on 13/9/2010, the accused committed murder of his mother, Thaiphrangdi Dibra, aged about 60 [sixty] years, at a place near a bamboo grove behind their house and in a sugarcane plantation of Gobin Daulagophu. The informant had alleged that his mother was killed by the accused by hacking with a dao and leaving the deadbody in the sugarcane plantation, the accused fled away from the scene. However, the villagers apprehended the accused later and kept him detained.

(3.) On receipt of the FIR [Ext.-1], the In-Charge, Mailoo Police Out Post, at 12-30 p.m., registered the same as Mailoo Police Out Post General Diary Entry no. 214 dtd. 13/9/2010 and forwarded the FIR to the Officer In-Charge, Kheroni Police Station for registering the same under proper Sec. of law. On receipt of the FIR, the Officer In-Charge, Kheroni Police Station registered the same as Kheroni Police Station Case no. 54/2010 under Sec. 302, IPC. After receipt of the FIR, the In-Charge, Mailoo Police Out Post [P.W.10] proceeded to investigate the case and recorded statements of a number of witnesses under Sec. 164[1], CrPC. The inquest on the deadbody of the deceased was conducted by him in the house of the informant-P.W.1 on 13/9/2010 in presence of witnesses including the informant-P.W.1, and prepared an Inquest Report [Ext.-3]. The deadbody was thereafter, forwarded to Diphu Civil Hospital for post-mortem examination. The post-mortem examination was performed at Diphu Civil Hospital on 14/9/2010 and the Autopsy Doctor, P.W.5 prepared a Post-Mortem Examination [PME] Report [Ext.-4] recording his findings therein. As the accused was apprehended immediately after the incident by the villagers, the Investigating Officer [I.O.] [P.W.10] of the case took him into custody on the date of the incident itself.