LALIT MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE prosecution story as made out in the charge-sheet is that on 03.07.2011 an ejahar was lodged with Lahoal Police Station by one Kaleswar Majhi stating that he had married his daughter Surabhi Majhi to one Lalit Majhi about nine years ago. They had a seven years old daughter. As Lalit assaulted Surabhi, she came to her paternal house along with the minor daughter named Keshwati Majhi but on 26.06.2011 accused Lalit came to take his daughter and the wife. The informant asked him to stay overnight and went out to call the village headman. At around 7.00 a.m. when the informant was not present at home, the accused took a dagger like sharp weapon and stabbed Surabhi as well as Keshwati causing fatal injuries. Then he tried to commit suicide by stabbing himself. On receipt of information police came and sent all the injured in police vehicle to Assam Medical College Hospital at Dibrugarh. In course of treatment minor Keshwati died. Accordingly, Lahoal P.S. Case No.96/2011 under Section 326/302 IPC was registered against the accused person. In course of investigation the I.O. visited the place of occurrence, examined witnesses and finding sufficient materials against the accused/appellant submitted charge-sheet accusing him of offence under Section 326/302 of the Indian Penal Code.

(2.) LEARNED Judicial Magistrate, Dibrugarh, by his order dated 15.02.2012 committed the case to the Court of Sessions and thereupon the learned Sessions Judge, Dibrugarh, framed two charges against the accused person under Sections 326 and 302 IPC. On being explained the charges, the accused pleaded not guilty and claimed to be tried.

(3.) IN course of trial prosecution examined as many as 12 witnesses and exhibited 10 documents. Upon consideration of the aforesaid materials including the statement under Section 313 Cr.P.C. the learned Sessions Judge by his judgment and order dated 21.06.2013 convicted the accused under Sections 326/302 IPC and sentenced him to suffer rigorous imprisonment for life and also to pay fine of Rs.2000/- in all, in default, to suffer simple imprisonment for two months more on both counts. In fact, the accused was sentenced to suffer rigorous imprisonment for six months under Section 326 IPC along with a fine of Rs.1000/-, in default, to suffer simple imprisonment for one month and to suffer rigorous imprisonment for life under Section 302 IPC and to pay a fine of Rs.1000/-, in default, to suffer simple imprisonment for one month. The sentences were directed to run concurrently. This judgment and order has been called in question in the present appeal under Section 374 Cr.P.C.