JYUG ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This jail appeal is directed against the judgment dated 12.3.91 passed by the Sessions Judge, Sibsagar in Sessions Case No. 43 (S-C) of 1990 convicting the accused person under Section 302 IPC and sentencing him to undergo imprisonment for life and also to pay a fine of Rs. 250/-, in default, to undergo further R.I. for three months.

(2.) On 24.11.89 at about: 12 Noon P.W. 1 Bazru Orang lodged an F.I.R. before the Officer-in-charge of Sapekhati Police Station informing that his elder brother Jaygu Orang assaulted and strangulated his wife Smt. Bengi Orang to death; He came to know about the occurrence on the following morning. According to the First Information [Report the occurrence took place in the previous night. However, no time was mentioned. On the basis of the First Information Report Police registered a case under Section 302 IPC and commenced investigation. During investigation Police made inquest over the dead body, drew up a sketch map of the pltace of occurrence, recorded the statement of the witnesses and sent the dead body for post mortem examination. The accused was arrested and thereafter charge sheet was submitted. Charge was framed by the trial Court under Section 302 IPC to which the accused pleaded not guilty.

(3.) During trial 6 witnesses were examined including the Officer-in- charge who investigated the case and the Doctor who held the post mortem examination. As per the post mortem examination report the following injuries were found on the dead boy of the deceased :-