SATYAJIT GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail has been preferred by the accused/appellant, namely, Sri Satyajit Baruah @ Dow Baruah being aggrieved with the judgment and order dated 31.08.2015 passed by learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 189/2008, whereby he has been convicted under Section 302/448 IPC for committing murder of Jugananda Baruah and sentenced to undergo Rigorous Imprisonment for life with fine of Rs. 2,000/-, in default, to undergo further Simple Imprisonment for 3 (three) moths for committing the offence under Section 302 IPC and to undergo Rigorous Imprisonment for 6 (six) months for committing offence under Section 448 IPC, where both the sentences to run concurrently.

(2.) The case of the prosecution is that at about 04:00 p.m. on 14.04.2004 PW1, Sri Ram Khanikar, lodged an FIR before the Officer-in-Charge of Naharkatia Police Station stating that in the afternoon at about 02:00 p.m. of the same day, Sri Dow Baruah, Son of Nareswar Baruah hacked to death his brother-in-law Jugananda Baruah, Son of Late Jonai Baruah, inside his house with a sharp weapon and fled away from the scene. By the said FIR, the informant requested the authority concerned to take necessary steps after investigating the matter.

(3.) On receipt of the aforesaid FIR Naharkatia Police Station Case No. 38/2004 under Sections 448/302 of the Indian Penal Code corresponding to G.R. Case No. 647/2004 was registered. The case was investigated by PW. 7, Mustakul Haque, SI of Police. In the course of the investigation police visited the place of occurrence, conducted Inquest on the dead body of the deceased (Exhibit-3, Inquest Report), sent the said dead body to the Assam Medical College and Hospital, Dibrugarh for its post mortem examination, recorded the statement of the persons acquainted with the alleged crime under Section 161 CrPC, sent two witnesses, namely Utpol Gogoi and Kusha Gogoi to the Judicial Magistrate for recording their statement under Section 164 CrPC (Exhibit-2), arrested the accused who surrendered before Judicial Magistrate, collected the postmortem report of the deceased and on conclusion of the investigation, finding sufficient materials against the accused Dow Baruah, filed the Charge- Sheet (Exhibit-5) in the case on 19.05.2004 vide Charge Sheet No. 55/2004 against the accused appellant under Sections 448/302 IPC. The offence under Section 302 IPC being exclusively triable by the Court of Sessions, learned Sub-Divisional Judicial Magistrate (Sadar), Dibrugarh vide order dated 26.11.2008 committed the said G.R. Case No. 647/2004 to the learned Sessions Court, Dibrugarh, which was accordingly registered and numbered as Sessions Case No. 189 of 2008.