JOY RAM NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant criminal appeal under Sec. 383 read with Sec. 374[2], Code of Criminal Procedure, 1973 ['the CrPC' or 'the Code', for short] from jail is directed against a Judgment and Order dtd. 5/7/2018 rendered in Sessions T[1] Case no. 55[N]/2015 by the learned Additional District and Sessions No. 2, Nagaon, Assam. By the Judgment and Order dtd. 5/7/2018, the accused-appellant has been convicted for the offence of murder under Sec. 302, Indian Penal Code [IPC] and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000.00, in default of payment of fine, to undergo rigorous imprisonment for another 60 [sixty] days.

(2.) The case of the prosecution, in brief, was that on 22/7/2015, a First Information Report [FIR] was lodged before the Officer In-Charge, Raha Police Station by the informant-P.W.1. In the First Information Report [FIR], it was inter alia alleged that at around 02-30 p.m. on 21/7/2015, the accused-appellant stabbed Ramnath Nath, aged about 85 years, in the stomach and also dealt cut blows all over his person inside the house of the accused-appellant and as a result, Ramnath Nath sustained grievous injuries on his person. The informant had further mentioned that his father was immediately admitted at the Morigaon Civil Hospital, Morigaon and he breathed his last when the injured was being taken to Guwahati for better treatment. The informant also mentioned that it was around 07-30 p.m. on 21/7/2015, he went to the Police Station taking the deadbody of the deceased with him.

(3.) On receipt of the FIR, the said FIR was registered as Raha Police Station Case no. 207/2015 for the offence under Sec. 302, IPC and the Officer In-Charge, Raha Police Station, that is, Sri Dhaniram Nath, Sub-Inspector of Police [P.W.13] started investigation into the case.