APURBA DUTTA @ CHATTU DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By preferring this appeal under section 374 of the Code of Criminal Procedure, the petitioner has challenged the judgment and order dated 12.03.2012 passed by learned Additional Sessions Judge, Bongaigaon in Sessions Case No. 73 (BGN)/2008 whereby he has been convicted under section 448/302 of the IPC and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for 2 months more.

(2.) The prosecution story is that one Jamuna Ghosh, as informant, lodged and ejahar with Officer In-charge of North Bonga-igaon outpost of Bongaigaon Police Station informing that one Chattu Dutta along with three other unidentified persons came to her house and asked to open the door. As she opened the door, the accused Chattu Dutta asked her as to what would she do if the house rent is not paid. He and other three persons then entered the house and dealt a punch to the elder brother of her husband. Upon receipt of this ejahar, the North Bongaigaon outpost registered G.D. Entry No. 491 dated 22.11.2006 and forwarded the same to the Officer In-charge, Bongaigaon Police Station whereupon Bongaigaon Police Station Case No. 451/2006 under sections 448/325/34 of the IPC was registered. Subsequently, when the victim Adhir Ghosh died, section 302 of the IPC was also added.

(3.) Police after investigation of the case submitted charge sheet against the accused Apurba Dutta alias Chattu Dutta and three other persons, namely, Jagadish Ray, Kanak Ray and Pabitra Sarma. The case was committed to Sessions by order dated 22.10.2008 passed by learned Chief Judicial Magistrate, Bongaigaon and thereupon aforesaid Sessions Case No. 73 (BGN)/2008 was registered. The learned Additional Sessions Judge framed charges under section 448/34 and 302/34 of the IPC against all the four accused persons. The accused persons pleaded not guilty and claimed to be tried.