RAJEN NGATEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal, which is preferred from Jail, is directed against the judgment and order dated 19.01.2017 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 60 (JM) of 2012. By the impugned judgment, the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs. 20,000/-(Rupees Twenty thousand) in default of payment of fine, to undergo imprisonment for another 3 (three) months.

(2.) A brief narration of the facts of the case is given herein below:- An Ejahar was lodged by one Sri Dipak Ngatey alleging that at 8:00 pm on 11.04.2011 while his father Sadaram Ngatey was returning from his daughter's house, the accused appellant namely Rajen Ngatey, who was waiting in ambush, had cut the jugular vein of his father with a sharp weapon. Thereafter, when the informant, who was an eye witness to the incident, had come near his father, the accused appellant came to assault him also but somehow the informant could escape from his clutches. It has further been alleged that the accused appellant had fled away from the place of occurrence after cutting his father. The dead body of the father was lying in the police station.

(3.) The investigation was completed and Charge-sheet submitted. Since the offence under Section 302 IPC is exclusively triable by the Court of Sessions, the learned SDJM, Majuli vide order dated 01.06.2012 had committed the case to the Court of the learned Sessions Judge, Jorhat.