FRENCHIS DHANOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Frenchis Dhanowar, the appellant herein, having been convicted by the learned Sessions Judge, Sonitpur Tezpur in Sessions Case No. 9(S)/ 95 under Section 302 and 324IPC and sentenced to imprisonment for life and also to pay a fine of Rs. l000/- in default to undergo S.I. for another six months u/s 302 IPC and to one year imprisonment under Section 324 IPC, has preferred this appeal on various grounds set forth in the memorandum of appeal.

(2.) The prosecution case as is evident from the ejahar (Ext.1) is that on 25.12.93 at about 4 PM accused Frenchis Dhanowar assaulted Ludrus Tapno and his wife Smt. Sontoki Tapno by means of a mit-dao resulting into the death of Ludrus Tapno and grievous injuries on the person of Smt. Sontoki Tapno.

(3.) The ejahar was lodged by Dominik Kerketa, son-in-law of the deceased, on the same day before the officer-in-charge of Dhekiajuli Police Station. On receipt of the ejahar, the police registered P.S. Case No. 196/93 under Sections 326/302 IPC and took up investigation. During the course of investigation the Investigating officer visited the place of occurrence and shifted both the injured persons to Dekiajuli Hospital and also recorded the statement of witnesses available. It is relevant to mention here at this stage that Ludurs Tapno succumbed to his injuries on way to hos pital. Thereafter, the Investigating officer completed the rest of the investigation, that is, preparation of sketch map, collection of post rmortem report etc. and eventually on completion thereof submitted charge- sheet anainst the accused under Section 302/326 IPC.