DHAN GOWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant criminal appeal from Jail is directed against a Judgment and Order dtd. 8/8/2019 passed by the Court of learned Additional Sessions Judge, Biswanath Chariali at Sonitpur, Assam ['the Trial Court', for short] in Sessions Case no.27 of 2018. By the Judgment and Order dtd. 8/8/2019, the Trial Court has convicted the accused-appellant for the offence under Sec. 302, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default of payment of fine, to undergo rigorous imprisonment for another two months.

(2.) The investigation was set into motion on the basis of a First Information Report [FIR] lodged by the informant, Smti. Tipari Ghatowar [P.W.8] on 20/3/2017 before the Officer In-Charge, Gohpur Police Station reporting about an alleged murder occurred at 06-00 p.m. on that day. In the FIR, the informant had inter alia stated that at around 06-00 p.sm. on that day, the accused-appellant, Dhan Gowala killed his brother-in-law, Matilal Ghatowar, aged about 30 years and a resident of Bishnupur Majgaon, by hacking him with a dao. After the assault, the accused-appellant taking advantage of the darkness ran away from the place immediately.

(3.) On receipt of the FIR, the Officer In-Charge, Gohpur Police Station registered the same as Gohpur Police Station Case no. 56/2017 under Sec. 302, Indian Penal Code [IPC] on 20/3/2017 itself and entrusted the investigation to one Subaleswar Deka, a Sub-Inspector of Police attached to Gohpur Police Station.