BIJOY SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this appeal against conviction appellant Bijoy Singh has challenged his conviction under Section 302 of the Indian Penal Code and sentence of life imprisonment alongwith fine of Rs.2000/-, in default, rigorous imprisonment for further six months. This judgment of conviction was passed by the learned Additional Sessions Judge, Nagaon, on 05.05.2015 in Sessions Case No.399(N)/2013.

(2.) The prosecution story is that one Rina Tanti as informant lodged an ejahar with Officer-in-charge of Missa Outpost on 20.10.2012 informing that at around 8.00 p.m. on 19.10.2012 her husband Gobardhan Tanti went outside to urinate after having his meal. While he was entering the house accused Bijoy Singh, who is the husband of her elder sister, being in inebriated state dealt a dao blow on the neck of Gobardhan and killed him. On the basis of the aforesaid ejahar with Missa Outpost, Kaliabor Police Station Case No.108/2012 under Section 302 of the Indian Penal Code was registered and investigation started. Police recorded statements of the witnesses, held inquest over the dead body and sent it for post mortem examination. Ultimately, after receipt of the post mortem report charge-sheet was filed on 31.12.2012 before the learned Judicial Magistrate First Class at Kaliabor who on turn committed the same to the Court of Sessions. Sessions Case No.399/2013 was registered accordingly. On being transferred to the Court of learned Additional Sessions Judge charge under Section 302 of the Indian Penal Code was framed. The charge was read over to the accused whereupon he pleaded not guilty and claimed to be tried.

(3.) In course of trial, prosecution examined seven witnesses including medical officer and investigating officer.