SUMAN NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal Appeal from jail is preferred by the accused appellant Sri Suman Nayak, being aggrieved with the judgment and order dated 03.07.2013 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 199 (T) of 2007, arising out of Bordubi Police Station (District-Tinsukia) Case No. 97 of 2007, by which the appellant/accused was convicted under Section 302 of the Indian Penal Code and sentenced him to undergo Imprisonment for Life and also to pay fine of Rs. 1,000/-, in default to undergo Rigorous Imprisonment for further period of 1 (one) month.

(2.) The prosecution case, as it emerges from the First Information Report dated 29.09.2007 (Exhibit-2) lodged by one Robin Nayak (PW.2) before Bordubi Police Station, is that in the morning around 6 am of the same day while his son Bijoy Nayak (the deceased) was proceeding from home to his place of work, the accused persons namely, Suman Nayak, Sujit Nayak, Raju Nayak and Kanai Nayak, who are residents of his line, killed him on the cross road (Chariali) near the weighing house of Section No.27 of their garden, assaulting him with iron rod, dao, sword etc. In the said FIIR, the informant also conveyed that prior to the said incident those accused persons on 12.08.2007 assaulted his other son (maju son) Sri Deba Nayak and caused him grievous injury, for which an FIR was already lodged before the same police station. Accordingly, on receipt of said FIR, Bordubi Police Station (District-Tinsukia) Case No. 97/2007 (corresponding to GR Case No. 1114/2007) under Section 302/34 of the IPC was registered against the accused persons of the case, including the appellant herein.

(3.) During investigation, the Investigating Officer visited the place of occurrence, drawn its sketch map (Exhibit-6), conducted the inquest on the dead body and prepared the Inquest Report (Exhibit-3), sent the dead body of the deceased for post mortem examination, recorded the statements of the persons who are acquainted with the facts of the case under Section 161 Cr.P.C., obtained the Post Mortem Report of the deceased Bijoy Nayak dated 29.09.2007 (Exhibit-1), arrested the accused persons and on completion of the investigation, finding sufficient incrimination materials and evidence against the appellant/accused persons, filed the Charge Sheet vide No. 60/2007 dated 27.10.2007 (Exhibit-8) against the accused persons, the present appellant Suman Nayak and two others, namely, Sujit Nayak and Kanai Nayak, for the offence under Section 302 of the IPC. On receipt of the aforesaid charge sheet of the case, learned Chief Judicial Magistrate, Tinsukia by his order dated 12.11.2007 committed the said G.R. Case No. 1114/2007 (arising out of Bordubi PS Case No. 97/2007) to the Court of learned Sessions Judge, Tinsukia as Section 302 IPC is exclusively triable by the Court of Sessions.