RATAN MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D K Bhattachharya, learned counsel for the petitioner. Also heard Mr. B Sarma, learned counsel appearing for the respondent No. 2.

(2.) This appeal is directed against the Judgment and Sentence dtd. 22/3/2022. passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 155/2014, whereby the petitioner/appellant was convicted under sec. 304 (Part-1), IPC and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.5,000.00 (Five Thousand) only and in default to suffer simple imprisonment for further 2(two) months.

(3.) The prosecution case in a nutshell is that on the basis of verbal intimation received on 20/1/2014 at around 8:30 P.M. from one Sibaprasad Medhi regarding the murder of one Prabin Medhi, a Morigaon Police Station G.D. Entry, being G.D. Entry No. 484 dtd. 20/1/2014, was recorded. On the basis of this Entry, the police started investigation into the matter on that very night. They proceeded to the place of occurrence and took the present appellant into custody for the alleged offence. On the very night of 20/1/2014, the police had conducted the inquest at the place of occurrence and forwarded the dead body of the deceased for post-mortem examination.