RANJIT MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The prosecution story as made out in the charge-sheet is that an ejahar was lodged on 01.10.2007 at 2.00 p.m. with Nellie Police Outpost of Jagiroad Police Station informing that one Ranjit Medhi had dealt repeated blows on the neck, chest and other part of his father-in-law Musal Konwar and mother-in-law Dipali Konwar with an axe causing grievous injuries. While Musal Konwar died on way to Gauhati Medical College Hospital, his wife Dipali Konwar was undergoing treatment. This ejahar was lodged by one Uttam Konwar, the brother of deceased Musal Konwar. The aforesaid occurrence of assault had taken place at around 9.30 p.m. of 30.09.2007. Upon such information being lodged, G. D. Entry No.11 dated 01.10.2007 was registered by Nellie Outpost of Jagiroad Police Station and investigation was started. Jagiroad P.S. Case No.157/2007 under Sections 452/326/302 IPC was registered on the same day on the basis of the aforesaid G.D. entry. During investigation it came to light that Ranjit married Maromi Konwar, the daughter of deceased Musal Konwar and injured Dipali Konwar. He used to live in the family of his parents-in-law and committed assault on both of them in their house only. Uttam Konwar being the brother of the deceased went to the spot on hearing noise and witnessed the commission of offence. One Durgeswari Bordoloi also claimed to have seen the incident. Upon submission of the charge-sheet along with post mortem report, the learned Magistrate committed the case to the Court of Sessions by his order dated 18.03.2010 and thereupon Sessions Case No.42/2010 was registered. The learned Sessions Judge, Morigaon, framed charges against the accused under Sections 452/326/302 IPC. The charges on being read over the accused pleaded not guilty and claimed to be tried.

(2.) In course of trial prosecution examined as many as 12 witnesses. Apart from that two other court witnesses were also examined in the case. Having considered the depositions of the witnesses and the materials placed on record the learned Sessions Judge by his judgment and order dated 15.07.2014 convicted the accused under Section 302 IPC and acquitted him from the charges under Sections 452 and 326 IPC. Accordingly, accused Ranjit Medhi was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for further period of one year.

(3.) We have heard Mr. M.B.U. Ahmed, learned Amicus Curiae for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor, Assam. We have also perused the records.