SUKLA HAJOWARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment of the learned Sessions Judge, Goalpara dated 30.08.2014, passed in Sessions Case No. 299/2013 convicting the accused appellant u/s 302 of the IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 2,000/- in default R.I. for 6 (six) months is the subject matter of challenge in this appeal.

(2.) The sum and substance of the prosecution case is that on 18.07.2013 the informant Umesh Kachari and his younger brother Barneswar visited the house of the accused appellant at village Chaksan under Rangjuli police station in connection with illness of the accused appellant who is their brother-in-law (husband of their sister). After taking mid-day-meal while they were chewing betel nut and gossipping in the veranda of the house with the elder brother of the accused appellant, suddenly they heard some noise coming from inside the room and when they tried to enter into that room the accused appellant came out armed with a dagger and started chasing them, out of fear they ran out of the house towards road but the accused appellant suddenly changed his mind and came back towards his room. After some time they came back to the house where other people also assembled and saw the dead body of their sister lying on the floor with stab injury on her chest, accused was also lying there in an injured condition. Police also arrived and the dagger was seized from the place of occurrence. The dead body was sent for post mortem examination and the accused appellant who sustained injuries was sent to hospital in an Ambulance.

(3.) The written FIR, Exbt.-1 was lodged on 18.07.2013, i.e., on the date of the occurrence itself by Umesh Kachari. Police registered the FIR and on completion of investigation submitted charge-sheet against the accused appellant u/s 302 of the IPC.