SUSHIL ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) BOTH these appeals are arising out of the Judgment and Order dated 30.10.2012 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 145/2006 against the same person. The accused/appellant has been convicted under Section 302 IPC and sentenced to undergo Rigorous Imprisonment for life and also to pay a fine of Rs 30,000/ - (Rupees Thirty Thousand), in default, further, Simple Imprisonment for 1(one) year. Challenging the Judgment and Order, the appellant filed Criminal Appeal No. 270/2012. An appeal from the jail was also preferred against the Judgment and the same has been registered as Criminal Appeal (J) No. 151/2012.

(2.) HEARD Mr. M. Sarania, learned counsel appearing for the appellant in Criminal Appeal No. 270/2012, and Mr. R. K. Dutta, learned Amicus Curiae appointed in Criminal Appeal (J) No. 151/2012. Also heard Ms. S. Jahan, learned Additional P.P., Assam.

(3.) THE facts of the case, in brief, are that to settle the boundary dispute between the accused and the deceased Chandra Kanta Roy, both along with (P.W. 6), Shri. Ramesh Chandra Roy and Shri. Pratap Chandra Roy went to place of occurrence and while they were measuring the boundary an altercation took place between the accused and Chandra Kanta Roy (deceased). The accused snatched away the hoe from the hands of Chandra Kanta Roy and inflicted blows on the deceased causing his death. FIR being lodged by Shri. Diben Roy, uncle of the deceased, Golakganj P.S. case No. 34/2005 under Section 302 IPC was registered. During the investigation, the Investigating Officer visited the place of occurrence, recorded the statement of witnesses, drew the sketch map of the site and held inquest on the dead body. The dead body was sent to Dhubri Civil Hospital for post -mortem examination. The hoe used in commission of offence was seized at the instance of the accused. On completion of investigation, charge -sheet under Section 302 IPC was submitted against the accused. The case being exclusively triable by the Court of Sessions, it was committed for trial to the Court of Sessions and then it was transferred to the Court of learned Additional Sessions Judge for disposal.