RUPSAI GORE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS jail appeal by the convict is directed against the order of conviction u/s 302 I. P. C. and sentence to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default, further rigorous imprisonment for one month, imposed on him by the learned District and Sessions Judge, Darrang at Mangaldoi, in Sessions Case No. 8 (D)/1998.

(2.) THE prosecution case as unfolded in the trial, reveals that at around 6 P. M. on 24. 08. 1997, the accused/appellant after consuming intoxicating liquor, armed with a 'khukri', (a sharp cutting weapon about a cubit long), came to the house of the deceased Phalani, attacked her and caused multiple injuries on her person, as a result of which she died on the spot. At the relevant time, next door neighbour, PW-3, Smti Manomati Gaur, upon hearing hue and cry raised by the deceased in her court yard came running to the place of occurrence and saw the accused/appellant standing in the court yard with his Khukri. Immediately on seeing P. W. 3, the accused/appellant fled away from the place of occurrence. P. W. 1, Gauranga Biswas, husband of the deceased, who was also nearby the occurrence to unfasten his cows from nearby orchard came running to the place of incidence, upon hearing uproar raised by P. W. 3. P. W. 2 Ajoy Gaur, who was loading fire wood also heard the noise and came running to the place of occurrence and saw the accused fleeing. The fleeing accused/appellant was chased, pursued and caught by local villagers with the help of Army personnel immediately after the occurrence and was kept detained along with the 'khukri".

(3.) THE offence U/s 302 IPC alleged against the accused/ appellant being exclusively triable by the Court of Sessions, learned CJM, Mangaldoi committed the case to the Sessions Judge, Mangaldoi for trial. Upon consideration of the papers, documents and also other relevant materials on record relied on by the prosecution, the learned Sessions Judge, Mangaldoi, finding sufficient ground to proceed against accused/appellant under Section 302 IPC framed formal charge against him. On reading over and explaining the charge the accused/appellant pleaded not guilty to the charge and claimed to be tried.