RAJEN NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.C. Das, learned legal aid counsel appearing for the appellant. Also heard Ms. S. Jahan, learned Addl. P.P. appearing for the State.

(2.) This appeal from jail has been received from jail as per the provisions of Sec. 383 Cr.P.C. This appeal under Sec. 374 Cr.P.C. is directed against the judgment and sentence dtd. 17/12/2018, passed by the learned Additional Sessions Judge, FTC, Biswanath Chariali, Sonitpur in Sessions Case No. 168/2014, arising out of G.R. Case No. 289/2013, corresponding to Behali P.S. Case No. 73/2013, by which the sole appellant was convicted for committing offence punishable under Sec. 302 I.P.C. and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000.00 and in default to undergo further rigorous imprisonment for 1 (one) month.

(3.) In brief, the case of the prosecution is that on 25/4/2013, the complainant, namely, Smti. Sukurmoni Nayak had lodged an ejahar with the InCharge of Bargang Outpost under Behali P.S. to the effect that on 24/4/2013, at about 5.00 PM, the appellant, namely, Rajen Nayak had killed her 26 year old son, namely, Nathu Nayak by hacking him with a dao over the a catapult and she had prayed to take necessary action against the appellant. The said ejahar was sent for registration to the Officer-in-Charge of Behali P.S. Accordingly, Behali P.S. Case No. 73/2013, under Sec. 302 IPC was registered and the investigation was entrusted to Rajib Gohain, I/C Bargang Outpost.