MOHAN TANIT Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred by the accused-aopellant from jail against the judgment and order dated 12.6.1995 convicting the appellant under Section 302 IPC and sentencing him thereunder to simple imprisonment for life and to pay a fine of Rs.2,000/- in default, to further Rigorous Imprisonment for six months in Session Case No. 64/92 passed by the Sessions Judge, Golaghat.

(2.) The aforesaid case arose out of an FIR dated 5.6.92 lodged by the father of the victim Kartik Ch. Sarmah (since deceased) to the effect that his son Atul Sarmah (deceased) had been running a cloth shop in a rented room in the house of the accused Suren Saikia. On 4.6.92 his son took meal at his Uncle's house and came to sleep in the shop. Next morning at about 6 AM the accused Mohan, servant of Suren Saikia came to his house and enquired about his another son Padda. On being asked as to why he wanted Padda accused Mohan did not reply and ran away. His son Padda followed him and after a while he came back and informed that his son Atul Sarmah had been lying dead with cut injury in the neck at cowpath behind the house of Suren Saikia. After receipt of the said FDR Police registered a case under Section 302 1PC and during investigation the blood stained dao was recovered from the room of Suren Saikia and the same was seized by the Police in presence of witnesses.

(3.) On completion of investigating, Police charge sheeted the accused-appellant Mohan Tanti under Section 302 IPC. Learned Magistrate committed the case to the Court of Sessions under the said section of law for trial.