LAWS(GAU)-2019-3-131

ROHIT DEEP Vs. STATE OF ASSAM

Decided On March 27, 2019
Rohit Deep Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) We have heard learned Amicus Curiae, Ms. Reetuja Dutta for the appellant and learned Addl. Public Prosecutor, Ms. B. Bhuyan for the State/respondent No. 1, who have also taken us through the evidence and materials brought on record.

(2.) This jail appeal is directed against the judgment and order dated 05.02.2015, passed by learned Sessions Judge, Tinsukia, in Sessions Case No.180(T)/2014. By the said judgment, learned Sessions Judge convicted the appellant u/s 302 IPC and sentenced him to rigorous imprisonment for life and fine of Rs. 1,000/- with default stipulation.

(3.) The victim herein was the younger brother of the informant. As per prosecution case, the accused killed the victim by strangulation and thereafter, kept his body hanging in order to project the death as suicide. The FIR (Ext. 1), was lodged by the elder brother of the victim, on the basis of which police registered Tinsukia Police Station Case No.172/2014 u/s. 302 IPC and commenced investigation. In course of investigation, inquest report of the body was prepared by the Executive Magistrate and post mortem examination was conducted by Dr. Rajdeep Guha.