SRI SABIN ROY Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Sabin Roy has been convicted under Section 302 of the Indian Penal Code for committing murder of Jaleshwar Roy and sentenced to undergo Life Imprisonment and also file of Rs. 10,000/ - with default stipulation; he has been convicted for committing an offence under section 326 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 (Ten) years and to pay a fine of Rs 5000/ - with default stipulation. The appellant has also been convicted for committing an offence under section 341 of the Indian Penal Code and sentenced to Simple Imprisonment for 1 (one) month. All the jail sentences are to run concurrently.

(2.) The prosecution case, in brief, is that on 06/04/2013 at about 9 p.m., when the informant Chandrakanta Roy was sitting in the courtyard of his paternal uncle along with his cousin Swadeshi Roy and discussing about some family matters, the appellant had came in a bike along with one Narayan and started an altercation with the informant. The appellant then took out a dagger from his waist and attacked the informant but when his younger brother Babul Roy tried to resist the appellant ,he had stabbed Babul in his abdomen with the dagger and thereafter stabbed the other brother Jaleswar Roy on his chest, causing grievous injuries to both the persons. Later on, Jaleshwar Roy died in the hospital after two days of the incident.

(3.) Chandrakanta Roy had lodged an ejahar with the Jogigopa Police station in the district of South Salmara, Abhayapuri, reporting the said incident. On the basis of the ejahar, Jogigopa P.S. case No. 86/2013 was registered under section 341/326 of the Indian Penal Code. Later on, after the death of the victim Jaleshwar Roy, section 302 of the Indian Penal Code was also added by the Police. Thereafter, an investigation was carried out and on completion of the investigation, charge sheet was submitted against the appellant Sabin Roy. The appellant having pleaded not guilty, the charges framed against him were put to trial. Eventually, the appellant was convicted for having committed offences under Section 341/326/302 of IPC and the aforementioned sentences were imposed upon him.