SRI BHUBAN DAS S/O. LATE UMESH DAS, RESIDENT OF BURHAGAON, P.S. LANKA, DIST. NAGAON, ASSAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Kanungoe, learned Amicus Curiae appearing for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment dated 12.09.2012 passed by the learned Additional Sessions Judge (FTC), Sankardev Nagar at Hojai in Sessions Case No.150 (N)/2012 convicting the accused-appellant under Sec. 302 Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.2000.00, in default, to undergo rigorous imprisonment for another 6(six) months.

(3.) The prosecution case, in short, is that one Chandan Das (PW-2) lodged an ejahar, Ext-4, before the Officer-in-Charge, Lanka Police Station, stating, amongst others, that his father, Bhuban Das, who was having an illicit relationship with the accused No.3, hacked his wife, i.e. mother of PW-2, Fulmoti Das, with a dao at about 11.50 A.M. inside the court premises at Sankardev Nagar when she had gone there in connection with a case lodged by her. On receipt of the ejahar, Lanka Police Station Case No.25/2012 under Sec. 302/34 Penal Code was registered. Police started investigation of the case, conducted inquest over the dead body of Fulmoti Das and sent the dead body for post-mortem examination, examined the witnesses, seized the weapon of offence and had Sec. 164 Crimial P.C. statements of Uttam Das (PW-4), son-in-law of the accused-appellant and the deceased, Manik Chandra Das (PW-3), another son of the accused-appellant Bhuban Das, informant Chandan Das (PW-2), as also that of PW-8 and PW-11 recorded, which were subsequently exhibited as Ext-1, Ext-2, Ext-3, Ext-7 and Ext-8, respectively, before the court of Smti. Rani Boro (PW-1), Judicial Magistrate 1st Class, Hojai, Sankardev Nagar, on 27.02.2012. On completion of investigation, finding sufficient materials against the accused-appellant, charge sheet was submitted against the appellant. Finding no incriminating materials against the other 3 accused persons named in the ejahar, prayer was made to discharge them from the case.