MANOJ DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.08.2008 passed by the learned Additional Sessions Judge, FTC No. 2, Kamrup, in Sessions Case No. 362 (K)/2005. By the said judgment, learned Addl. Sessions Judge convicted the accused appellant under Section 307 IPC and sentenced him to rigorous imprisonment for two years and fine of Rs. 1,000/- with default stipulation.

(2.) Prosecution case, as reflected in the FIR was that the appellant along with another unknown person and his elder sister conspired to kill the husband of the informant, Sri Tarini Charan Das. On 19.05.2003 at about 9.10 Am, when the husband of the informant, Tarini Charan Das was making a phone call in a PCO located at Bharat Complex, Maligaon Chariali, the accused appellant Manoj Das accompanied with another person came there and kicked him from backside, consequently he fell down on the ground. Thereafter the accused appellant, Manoj Das stabbed him on various part of his body with the intention to kill him and after causing injuries, the accused/ appellant left the place. Immediately after the occurrence, the Officer-in-charge of Jalukbari Police Station brought him to Railway hospital for treatment. An FIR was lodged by PW-2, the wife of the injured, on the basis of which, police registered a case and after usual investigation, submitted charge sheet against the accused/appellant under Section 324/307 IPC.

(3.) The offence under Section 307 IPC being exclusively triable by the Court of Sessions, learned Magistrate committed the case to the Court of Sessions.