AJAY KULI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 374 (2) Code of Criminal Procedure, 1973, [Corresponding to Sec. 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023] against the judgment dtd. 22/3/2023 and order dtd. 27/3/2023 passed by the learned Sessions Judge, Majuli in Session Case No. 07/2022 whereby the appellant has been convicted under Sec. 302 of the Indian Penal Code, 1860 [Corresponding to Sec. 103 of the Bharatiya Nyaya Sanhita, 2023] and sentenced to Rigorous Imprisonment for life and a fine of Rs.20,000.00 in default to undergo Simple Imprisonment for 2 months.

(2.) The criminal law was set into motion by lodging of an Ejahar on 26/2/2022 by one Dashiram Pegu, who is the father of the deceased. It was stated that on the previous day, i.e., 25/2/2022, the deceased, who was his son, had gone to Selek village in the evening to pay wages to the labourers. While returning, he was stopped by a group of unknown youths who assaulted him in various parts of his body including his head and left him lying on the road. His son could eventually manage to find shelter in a house and sent information. As his condition was serious, he was taken to Jorhat and thereafter to Dibrugarh.

(3.) The Ejahar was accordingly registered as Garamur PS Case No. 8 of 2022 under Sec. 341/325/34 IPC [Corresponding to Ss. 126/117/3(5) of BNS]. Subsequently, on 22/2/2022, Sec. 302 IPC [Corresponding to Ss. 103 of BNS] was added. The investigation was accordingly started, and the Investigating Officer (I.O.) had visited the place of occurrence, recorded statements, prepared sketch maps, made seizures, sending the body for postmortem examination and after completion of all the formalities, had laid the Charge Sheet. The charge was accordingly framed under Ss. 120B, 341 and 302 of the IPC [Corresponding to Ss. 61/126/103 of BNS] and on denial of the same, the trial had begun in which, the prosecution had adduced evidence through 15 numbers of witnesses. It may be mentioned that the charges were framed against three accused persons, namely, Ajay Kuli (appellant), Ram Kuli and Moni Doley Pegu. However, the other two accused persons were acquitted and the appellant was acquitted under Sec. 120B and 341 of the Indian Penal Code, 1860 [Corresponding to Ss. 61 and 126 of BNS] but convicted under Sec. 302 IPC [Corresponding to Sec. 103 of BNS].