RAGHU RAJPUT Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the Judgment dated 10.12.2013 passed by the learned Sessions Judge, Sivasagar in Sessions Case No.167 (S-S)/2010 whereby, the accused/appellant (appellant hereafter) was convicted U/s 302 of the Indian Penal Code (IPC) and he was sentenced to life imprisonment and to pay fine of Rs.5000/- with a default clause.

(2.) The case of the prosecution in brief is that an FIR was lodged by one Simanta Gogoi on 22.07.2010 before the Officer-in-charge of Sivasagar Police Station to the effect that at around 1 o'clock the previous night, Sri Mohan Saura, a worker in his stone factory informed him that Sri Prabin Saikia who used to work as a driver in his factory and was living in a rented house near his residence was severely injured after being hit by a vehicle. That he was brought in a moribund state from the place of accident and was kept in the labourer's quarter within the factory campus. When he went to the place where Prabin Saikia was kept, he found him dead. He then informed Sivasagar Police Station about the incident over phone and since he suspected that he might have been murdered, he lodged an FIR. The FIR dated 22.07.2010 is reproduced below for better appreciation:-

(3.) Sivasagar Police Station Case No.387 of 2010 U/s 302 IPC was then registered and the Officer-in-charge of the Police Station i.e., Sub-Inspector Sri Khirod Dey himself investigated into the case. Upon completion of the investigation, charge sheet was filed before the Chief Judicial Magistrate, Sivasagar whereafter, the case was committed to the Sessions Judge, Sivasagar. Charge U/s 302 IPC was then framed against the appellant and to which, he pleaded guilty and claimed to be tried. Consequently, trial began against the accused.