BUWAJ HORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant criminal appeal from Jail is preferred against a Judgment dtd. 17/7/2019 passed by the Court of learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case no. 165/2014. By the Judgment and Order dtd. 17/7/2019, the Court of learned Additional Sessions Judge, Sonitpur, Tezpur has convicted the accused-appellant for the offence of murder under Sec. 302, Indian Penal Code [IPC] and as a consequence, the accused appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000.00, in default of payment of fine, to suffer rigorous imprisonment for another three months. In addition, the accused-appellant has also been convicted on finding him guilty for the offence under Sec. 448, IPC and for the said offence, he has been sentenced to undergo rigorous imprisonment for six months. Both the substantive sentences of imprisonment are ordered to run concurrently.

(2.) We have heard Mr. M. Dutta, learned Amicus Curiae for the accusedappellant; and Ms. B. Bhuyan, learned Senior Counsel and Additional Public Prosecutor, Assam assisted by Ms. R. Das, learned counsel for the respondent State of Assam.

(3.) The case, Sessions Case no. 165/2014 arose out of Tezpur Police Station Case no. 464/2014 and G.R. Case no. 936/2014. The crime case, Tezpur Police Station Case no. 464/2014 came to be registered on 24/4/2014 pursuant to lodging of a First Information Report [FIR] by the informant, Ms. Yappi Horo, wife of Late Mato Horo on 24/4/2014 before the In-Charge, Borghat Out Post under Tezpur Police Station. On receipt of the FIR, the In-Charge, Borghat Out Post after registering the same vide Borghat Out Post General Diary Entry No. 370 dtd. 24/4/2014, forwarded the FIR to the Officer In-Charge, Tezpur Police Station for registering a case under proper Sec. of law. At the same time, the investigation of the case was taken up by the In-Charge, Borghat Out Post. On receipt of the FIR, the Officer In-Charge, Tezpur Police Station registered the FIR as Tezpur Police Station Case no. 464/2014 under Sec. 302, IPC on 24/4/2014.