MONI KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred from jail against the judgment and order dtd. 21/9/2021 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 103/2017 (GR Case No. 3164/2016) under Ss. 302/201 of the Indian Penal Code [corresponding to Ss. 103/238 BNS], thereby sentencing the appellant under Sec. 302 of the Indian Penal Code [corresponding to Sec. 103 BNS], to undergo RI for life and fine of Rs.5,000.00 (Rupees Five Thousand) in default, further imprisonment for three months and also to undergo RI for three years with a fine of Rs.5,000.00 (Rupees Five thousand) only in default further imprisonment for three months under Sec. 201 Indian Penal Code [corresponding to Sec. 238 BNS]. The same involves the death of the minor son of the informant.

(2.) The criminal law was set into motion by lodging of an Ejahar by the mother of the deceased as PW2 on 6/12/2016. It has been alleged in the said Ejahar that on the previous day i.e., 5/12/2016, at about 03:00 PM, the appellant had called the 8 year old son of the informant, namely Siba Mahanta, to his shop and thereafter strangled him inside the shop and to conceal the body, he had put it in a cardboard box and threw it in the Batahbari field and tried to destroy all the evidence by burning the dead body along with the cardboard box. The said Ejahar was accordingly registered as MRG P.S. Case No. 409/16, under Ss. 302/201 Indian Penal Code [corresponding to Ss. 103/238 BNS] and the investigation had begun. The Investigating Officer had visited both the places of occurrence, recorded statements, prepared sketch maps, made seizure, sent the remains of the body for post-mortem examination and after completion of all the formalities, had laid the Charge Sheet.

(3.) Based on the above, two charges were leveled against the appellant, namely under Ss. 302 and 201 of the IPC [corresponding to Sec. 103 and Sec. 238 BNS] and on denial, the trial had begun in which the prosecution had adduced evidence through 11 nos. of PWs. Thereafter, two Court Witnesses (CW) were also examined.