SAMUEL NAG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal Appeal from jail is preferred by the accused appellant Sri Samuel Nag being aggrieved with the judgment and order dated 29.03.2011 passed by the learned Additional Sessions Judge, (FTC), Sivasagar, in Sessions Case No. 163 (S-C) of 2009, corresponding to GR Case No. 603/2008, arising out of Sapekhati Police Station (District-Sivasagar) Case No. 55 of 2008 by which the appellant/accused has been convicted under Section 302 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for life and also to pay fine of Rs. 2,000/-, in default to undergo Simple Imprisonment for another 2 (two) months, setting off the period of detention undergone by him during the investigation and trial of the case against the period of sentence under Section 428 of the Code of Criminal Procedure. The prosecution case, as it emerges from the First Information Report dated 30.09.2008 (Exhibit-3) lodged by Smti. Dipali Nag, wife of the deceased, is that on the night of 29.09.2008 around 10/11 p.m. her 'Dadai Sahaur' (younger brother of her father-in-law) Sri Samual Nag (accused/appellant) killed her husband Sri Patras Nag by hacking him on his head by sharp weapon, while her husband was sleeping on his bed.

(2.) On receipt of said FIR Sapekhati Police Station Case No. 55 of 208 under Section 302 of the Indian Penal Code corresponding to GR. No. 603 of 2008 was registered against the accused/appellant.

(3.) During investigation, police on visiting the place of occurrence, drawn its sketch map (Exhibit-5), conducted the inquest on the dead body and prepared the Inquest Report (Exhibit-6), sent the said dead body for post mortem examination, seized the 'Dao' found on the dead body of Patras Nag (Exhibit-1), arrested the accused appellant on 02.10.2008 and recorded the statements under Section 161 Cr.P.C. of the persons who are acquainted with the facts of the case. On receipt of the Post Mortem Report of the deceased Patras Nag (Exhibit-2) and on completion of the investigation, police filed the Charge-Sheet vide No. 38/2009 dated 02.09.2009 under Sections 302 of the IPC against the accused/appellant (Exhibit-7), finding sufficient evidence him. The case being exclusively triable by the Court of Sessions, the learned Sub-Divisional Judicial Magistrate Charaideo, Sonari on 08.09.2009 committed the said GR. Case No. 603/2008 to the Court of learned Sessions Judge, Sivasagar and accordingly, Sessions Case No. 163 (S-C) of 2009 was registered.