RADHAN KHARAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred from jail against a judgment and order dtd. 29/7/2019, passed by the learned Sessions Judge, Karbi Anglong, Diphu, in Sessions Case No. 32/2003 (Old)/Sessions Case No. 83/2017(New) corresponding to G.R. Case No. 23/2002 and Baithalangso Police Station Case No. 09/2002 under Sec. 302 IPC, by which the appellant was sentenced to undergo Rigorous Imprisonment (RI) for life and to pay fine of Rs.2,000.00(Rupees Two Thousand) only in default further Simple Imprisonment (SI) for 6 (six) months.

(2.) The criminal law was set into motion by lodging of an Ejahar by the PW-4, who is the brother of the deceased. The Ejahar which was lodged on 9/3/2002 had stated that on the previous evening at about 9 p.m. on 8/3/2002, the appellant had caused the death of his sister by severing the head. The sister of the PW-4 was the wife of the appellant. He had also stated that the appellant had suffered from mental illness. Based on the said Ejahar, the formal F.I.R. was registered and investigation had begun leading to laying of the Charge-sheet against the appellant.

(3.) The charges were accordingly framed and the appellant having pleaded not guilty, the trial had begun in which, the prosecution had adduced evidence through 5 (five) nos. of witnesses.