LALU TANTI @ AJIT TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal from jail under Sec. 383, Code of Criminal Procedure, 1973 ['the Code' or 'the CrPC', for short] is directed against a Judgment and Order dtd. 3/3/2022 passed by the Court of learned Sessions Judge, Sonitpur at Tezpur ['the Trial Court', for short] in Sessions Case no. 186/2016. In the trial of Sessions Case no. 186/2016, two accused persons including the present accused-appellant, faced a charge of murder under Sec. 302, Indian Penal Code [IPC] read with Sec. 34, IPC. By the Judgment and Order dtd. 3/3/2022, the Trial Court has convicted the present accused-appellant for the offence of murder under Sec. 302, IPC and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00, in default of payment of fine, to undergo simple imprisonment for another three months. The period of detention already undergone by the accused-appellant has been directed to be set-off against the term of imprisonment as per the provisions of Sec. 428, CrPC.

(2.) The investigation was set into motion on registration of a First Information Report [FIR] lodged by one Bijay Tanti as the informant before the Officer In- Charge, Rang-apara Police Station on 7/5/2016. In the FIR, it was inter-alia stated that at around 09-00 p.m. on 6/5/2016, there was a quarrel between the informant's maternal uncle, Deepak Tossa and his wife, Smti. Asha Tossa over some domestic matter. In the course of the quarrel, Deepak Tossa assaulted his wife, Asha Tossa with a scissor where upon Asha Tossa called her nephew, Lalu Tanti i.e. the accused-appellant. The informant further alleged that his maternal uncle, Deepak Tossa was assaulted with an iron made weapon and as a result of the assault, he fell down on the ground. Thereafter, Deepak Tossa was again assaulted with a piece of bamboo on his head. As a result of the assault, Deepak Tossa succumbed to his injuries. Subsequently, one Philip Nayak [P.W.3] a Line Chowkidar informed the Manager of Tea-Estate regarding the incident. He also called 108 ambulance service.

(3.) On receipt of the FIR, the Officer In-Charge, Rangapara Police Station registered the same as Rangapara Police Station Case no. 41/2016 under S. 302, IPC on 7/5/2016 and allowed one Abdul Baser Mollah, a Sub- Inspector of Police attached to the said Police Station, to investigate the case.