BIPUL CHETIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Bipul Chetia has been convicted under Sec. 302 of the Indian Penal Code in Sessions Case No.228(S-S)/2010 by the Court of learned Sessions Judge, Sivasagar, by judgment and order dated 26.03.2013 and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs.5000.00, in default to suffer rigorous imprisonment for six months more.

(2.) The prosecution story is that one Smti. Phula Bhuyan lodged an ejahar with Officer-in-charge, Sivasagar Police Station on 15.08.2008 alleging that at around 8.00 p.m. on 15.08.2008 accused Bipul Chetia grievously injured her husband Jonglu Bhuyan by stabbing with a knife-like weapon at the neck near shoulder and fled away. The injured was taken to East Point Hospital by pushcart with the help of neighbours where doctor declared him dead. Sivasagar Police Station Case No.516/2008 under Sec. 302 of the Indian Penal Code was accordingly registered and investigation launched.

(3.) Police after completion of the investigation submitted charge-sheet against the accused person enclosing the post mortem report along with other documents like inquest report, death certificate, sketch map etc. The learned Chief Judicial Magistrate, Sivasagar, committed the case to the Court of Sessions whereupon aforesaid Sessions Case No.228(S-S)/2010 was registered and charge framed against the accused person under Sec. 302 of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried.