RANGLAL BHUMIJ Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374, Code of Criminal Procedure, 1973 [CrPC] is directed against a Judgment & Order dtd. 20/9/2014 passed by the Court of learned Sessions Judge, Tinsukia ['the Trial Court', for short] in Sessions Case no. 172[T] of 2012. By the Judgment & Order dtd. 20/9/2014, the Trial Court has convicted the accused-appellant on two counts, that is, for committing offences under Sec. 302, Indian Penal Code [IPC] and Sec. 323, IPC. For the offence under Sec. 302, IPC, the accused-appellant 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 six months. For the offence under Sec. 323, IPC, the accused-appellant has been imposed a fine of Rs.5,000.00, in default of payment of fine, to undergo rigorous imprisonment for one month. The sentences are ordered to run concurrently.

(2.) The investigation was set into motion on institution of a First Information Report [FIR] by the informant, Smti. Sefali Rajbor [P.W.1] on 14/8/2011 before the Officer In-Charge, Phillobari Police Station. In the FIR, the informant who was a resident of Krishn-apur, had inter alia alleged that on 12/8/2011, her neighbour, Ranglal Bhumij, that is, the accused-appellant started quarrelling with them and assaulted them without a cause. The informant further stated that the accused-appellant assaulted her in the evening and as a result, her left hand was broken. The informant further alleged that Lalu Karmakar and her younger brother, Kanu Karmakar were also assaulted. Lalu Karmakar sustained injury on his hand. Her brother, Kanu Karm-akar was assaulted when he came to disengage them from the scuffle and due to the injury sustained, Kanu Karmakar passed away previous night.

(3.) On receipt of the FIR, the Officer In-Charge, Phillobari Police Station registered it as Phillobari Police Station Case no. 25/2011 under Ss. 325/302, IPC [corresponding G.R. Case no. 1021/2011] and decided to take up the investigation of the case himself.