RITU RAMCHIARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred from jail against the judgment dtd. 20/12/2021 and order dtd. 21/12/2021 passed by the learned Sessions Judge, Baksa, Mushalpur in Sessions Case No. 54/2021, sentencing the appellant to undergo Rigorous Imprisonment (RI) for life and fine of Rs.1000.00in default of which RI of 2 months. The same involves the killing of the father of the informant by the appellant.

(2.) The criminal law was set into motion by lodging of an Ejahar by PW 3 alleging, inter alia, that on 4/3/2021 at about 5:30 p.m. when his father Jogen Boro (deceased) was sleeping inside the house, the appellant had trespassed into the house and had assaulted his father by repeatedly beating him on the left side of his head by a 'bhuluka bah' (a kind of bamboo) and when the informant had reached his home at about 6:00 p.m., he had seen his father lying dead on the bed and accordingly had informed the villagers. Though the Ejahar does not bear a date, the registration of the same in the format would show that the information was received at 11:00 p.m. on 4/3/2021 and the occurrence has been stated to be at 5:30 p.m. of 4/3/2021.

(3.) Based on the aforesaid Ejahar , the formal FIR was registered and investigation was done in which the statements of the relevant witnesses were recorded, the accused/appellant was arrested, Sketch Map of the place of occurrence was prepared, body of the deceased was sent for post-mortem and seizures were made. After completion of all the formalities, the charge-sheet was laid. Based on the same, two charges were framed against the appellant and on denial of the same, the trial had begun in which the prosecution had adduced evidence through 6 nos. of prosecution witnesses.