KAMESWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE lone accused has been convicted by the Trial Court under S.302 of the Indian Penal Code and sentenced to undergo imprisonment for life, along with fine of Rs. 2000/- (Rupees two thousand), in default of payment another 6 (six) months rigorous imprisonment. The instant appeal has been preferred from jail by the accused challenging the legality and validity of the conviction and sentence passed by the Trial Court.

(2.) PROSECUTION case in short was that on 15-7-1995 at about 7.30 p.m. the victim went to the house of the accused to settle the dispute arose over a betel nut tree belonging to the accused fell on the dwelling house of the victim due to storm. The said betel nut tree was cut by the victim and kept in the side of the residence of the accused and as a result the mother of the accused had continuously abusing the family of the victim. As soon as the victim reached the residence of the accused, he was hacked with a dao by the accused and the victim died on the spot.

(3.) POLICE after registering the case took up investigation, made inquest on the dead body, prepared the sketch map of the place of occurrence, recorded the statements of witnesses and arrested Smt. Anjana, sister of the accused, mother of the accused Kameswar, who led to the discovery of the weapon used and accordingly seized. The dead body was sent to Barpeta Civil Hospital for autopsy. After completion of investigation thereof submitted charge sheet under S.302, IPC. On receipt whereof the learned Magistrate took cognizance being G.R. Case No. 1014 of 1995 and committed to the Court of Session, Barpeta to face trial.