RAMEN HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment dated 9-9-1996 and 16-9-1996 delivered by learned Sessions Judge, Sibsagar in Sessions Case No. 23 (S-S)/ 94 thereby holding the appellant guilty of offence punishable under Section 302 of the Indian Penal Code (I.P.C.) and sentencing him to undergo imprisonment for life with fine of Rs. 1,000 or in default for payment of fine, to suffer 6, months rigorous imprisonment (RI.)

(2.) Prosecution case stated in brief was that the deceased Sudhir Singh was an employee of the contractor Firm known as M/s. M. Agarwalla & Company owned by one Jabarmal Agarwalla. This firm had a temporary shed or structure just in front of O.N.G.C. C.T.F. Office at Athkhel Geleky within the jurisdiction of Geleky Police Station. District Sibs agar. It was used as a storeroom/godown for the said Firm. On the fateful day of 24-8-1992 around 9.20 a.m. Sudhir Singh was found dead in the said store-room at the material time. P.W 6, Sushil Agarwalla nephew of Jabarmal Agarwalla had come to the store room he saw the accused appellant coming out with a small dao like weapon shouting' have cut Singh' I have cut Singh so shouting he fled away. On entering the store room Sushil Agarwalla found the deceased was lying with cut bleeding injuries on the neck. Another employee of the firm. Debendra Neog, P.W.1 on being asked by P.W.6 drafted an F.I.R., Exhibit: 1 and lodged the same at Geleki Police Station. After lodging the report he rushed to the hospital and returned to the place of occurrence with a doctor who declared the injured victim dead.

(3.) P.W.7 on receiving the ejahar, exhibit-7 registered a case under Section 302 of the I.P.C. and started investigation. An inquest was held as per exhibit-2 the dead body was forwarded for post mortem examination, a sketch map was prepared and statements of witnesses were recorded.