RANA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellants were tried for an offence under section 302, I.P.C. by the Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 111 (S)/1997 and sentenced to imprisonment for life and to pay a fine of Rs. 2000/-, in default to further R.I. for one year. Being aggrieved thereby, this appeal has been preferred challenging the legality and propriety of the judgment on various grounds.

(2.) Prosecution case unfurled in the F.I.R. lodged is that on 25th August, 1995 at around 2.30 p.m., the appellant Rana Saikia had killed Gautom Das, son of the informant by causing assault on his person with a sharp dao in front of the office of the Development Officer, Other Backward Classes Development Corporation Ltd. on the Kumargaon Parbatiya Baseria Path at Hazarapara.

(3.) On receipt of the F.I.R., G.D. Entry No. 479 dated 25.8.1995 was made by the Incharge of Lalmati Police Outpost. The Incharge of Lalmati Police Outpost initiated the investigation into the alleged offence and, simultaneously, forwarded the F.I.R. to the officer-in-charge Of Tezpur Police Station for registration of a case. Accordingly, Tezpur Police Station Case No. 567/95 under section 302, I.P.C. was registered. The I.O. visited the spot, held autopsy on the dead body of the deceased Gautom Das, recorded the statement of the witnesses and, on completion of all formalities, charge-sheeted the appellants under section 302/34, I.P.C.