SURESH BARAIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. J. Das, learned Amicus Curiae for the appellant. Also heard Ms. B. Bhuyan learned Senior Counsel & Additional Public Prosecutor Assam appearing for the State respondents.

(2.) The instant appeal is directed against the judgment and order dtd. 19/7/2019 passed by the Additional Session Judge (FTC), Sonitpur, Tezpur in Session Case No. 69/2018 whereby the appellant has been convicted for committing the murder of Suraj Das under Sec. 302 IPC for life and fine of Rs.10,000.00 with a default clause. And also rigorous imprisonment of a period of

(3.) (three) months for offence under Sec. 447 IPC. 3. The prosecution case, in a nutshell, is that the appellant had entered into the house of the deceased at around 6:30 pm on 27/12/2017 and had cut the stomach of the deceased with a "Kolam Kotari". The accused fled away and the deceased was taken to Tezpur Medical Hospital where he passed away. On 28/12/2017, the informant/wife of the deceased had lodged an FIR before the O.C Rangapara P.S. and the same was registered under Sec. 447/302 IPC. As per the usual procedure, the police took up the matter for investigation and thereafter submitted chargesheet against the appellant under Sec. 447/302 IPC. Charge was framed against the appellant u/s 447 and 302 IPC on 22/5/2018, and it was read over and explained to him. However, since the appellant pleaded not guilty and claimed to be tried, the matter went up for trial.