BISHNU KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 22.9.2008 passed by learned Sessions Judge, Sivasagar in Sessions Case no. 29 (S -S)/2009 convicting the appellant under Sections 302/324 I.P.C. and sentencing him thereby to undergo imprisonment for life with fine of Rs. 5000/ -, in default of payment of fine, further rigorous imprisonment for 6 months for his conviction u/s 302 I.P.C. For the offence committed by the appellant under Section 324 I.P.C., he has been sentenced to undergo rigorous imprisonment for 1 year. Both the sentences have been said to be run concurrently.

(2.) WE have heard Ms. B. Sarma, learned amicus curiae, appearing on behalf of the appellant as well as Ms. S. Jahan, learned Additional Public Prosecutor appearing for State respondent.

(3.) THE prosecution case, in brief, is that on 22.09.2008 at around 8 P.M. Ranjan Boraik (deceased) along with his friend Moina Bakti after enjoying 'Karam Puja' were returning home and when they reached in front of the house of the accused, the accused inflicted a blow on the neck of Ranjan by means of sharp weapon causing his death. He also struck a blow in the head of Moina Bakti causing grievous injury to him. Krishna Boraik, Ranjan's uncle lodged information at Haluwating Police Station, immediately after the incident, which was entered in the general diary, as G.D. Entry no. 469 dated 22.9.2008 (Ex. 9). Police visited the place of occurrence and the dead body of Ranjan was found under a banana plant, behind the house of accused. Moina Bakti who was found lying injured in the house of Pulin Gowala was sent to hospital for treatment. Inquest on the dead body of Ranjan was held and it was subjected to post mortem examination. Accused was arrested and the weapon of assault i.e. 'Naga dao' was recovered at his instance. The accused confessed his guilt and his confessional statement was recorded by a Magistrate under Section 164 Cr.P.C. On completion of investigation police submitted the charge -sheet under Sections 302/324 I.P.C. against the accused appellant.