DIPOK BAKT Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. P. J. Saikia, learned counsel for the accused/appellant and Mr. Z. Kamar, learned Public Prosecutor, Assam.

(2.) THIS appeal is directed against the judgment and order dated 5. 8. 2003 passed by the 1st Addl. Sessions Judge (Adhoc), Sibsagar in Sessions Case No. 42 (S-S) 2002. By the aforesaid judgment and order the learned trial Court has convicted the accused/appellant under Section 302 IPC and has sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/-, in default, to undergo further rigorous imprisonment for one year. Aggrieved by the aforesaid conviction and sentence imposed this appeal has been filed.

(3.) THE prosecution case, in short, is that in the evening of 19. 5. 2001 the accused/appellant accompanied by PW 4, Pradip Dutta; PW 5, Chandan Dutta and PW 9, Umasankar Das surrendered himself to the Halwating Police Station by handing over a Naga dao. On the basis of the G. D. Entry made (Ext. 8) investigation commenced with the seizure of the Naga dao from the accused/appellant in presence of the aforesaid three persons i. e. PW 4, Pradip Dutta; PW 5, Chandan Dutta and PW 9, Umasankar Das. Thereafter PW 11, Niren Neog, S. I. of Police, inspected the place of occurrence and had engaged a VDP volunteer to guard the dead bodies for the night. Statements of witnesses were also recorded. In the next morning PW 8, Dineswar Shah, lodged an FIR before the Officer-in-charge, Halwating Police Station stating that at about 6. 30 P. M. of the previous day the accused/appellant had come to his house and had killed his wife Meena Devi and daughter Saraswati Kumari by cutting them with a dao. On the basis of the FIR, Halwating P. S. Case No. 43/2001 under Section 302, IPC was registered. On the very same morning PW 11 again visited the place of occurrence and prepared a sketch map of the said place. Inquests were held on the dead bodies which were sent for post mortem examination. On receipt of the post mortem examination and after completion of investigation charge sheet was submitted against the accused/appellant under Section 302, IPC.