SANJAY MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred from jail against the judgment and order dtd. 16/6/2023 passed by the learned Sessions Judge, Golaghat, Assam in Sessions Case No. 68/2022 under Sec. 302 of the IPC [corresponding to Sec. 103 BNS], thereby sentencing the appellant to undergo RI for life and fine of Rs.10,000.00 (Rupees Ten Thousand) in default, further imprisonment for 3 months.

(2.) The criminal law was set into motion by lodging of an Ejahar on 11/7/2022 by one Nipen Mura who is the elder brother of the deceased (PW2). It was stated in the Ejahar that the younger sister of the informant was married to the appellant and they had led a conjugal life for a period of about 8 years. He had learnt that two days ago, a quarrel had taken place between them and the appellant had beat his younger sister as a result of which she had taken shelter at the house of the informant. On the date of lodging of the Ejahar at about 4 p.m. when the informant was not at home, the appellant had come to his house and after hacking the neck of the younger sister with a dao , he left for his home. When the informant came home, he saw his sister bleeding and on enquiry came to know about the incident. Subsequently, his younger sister was admitted in the Bokakhat Civil Hospital by taking her in a 108 Ambulance but the Doctor had declared her dead.

(3.) Based on the Ejahar , the formal FIR was registered under Sec. 302 Indian Penal Code leading to registration of Bokakhat Police Station Case No. 86/2022. The investigation was accordingly initiated wherein the Investigating Officer (IO) had visited the place of occurrence, recorded statements of the relevant witnesses, prepared sketch maps, collected PM Report and after completion of all the formalities had laid the Charge Sheet. The charges were accordingly framed by the learned Court under Sec. 302 of the IPC and on its denial, the trial had begun in which the prosecution had adduced evidence through 11 nos. of witnesses.