KUNJA BEHARI SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 16.12.1996 passed by the learned Session Judge, Cachar at Silchar in Sessions Case No. 71/96 whereby the accused has been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case in brief is that on 8.4.1996 at about 4 P.M. the accused Kunja Behari Singh allegedly assaulted his wife Smt. Bhagyabati Devi with a dao at his own residence as a result of which she succumbed to her injuries at Silchar Medical College Hospital after two days of the incident. P.W.1 Tanu Singh, uncle of the deceased lodged an FIR before the In-charge of Kachudaram Police Outpost under Sonai Police Station and on the basis of the said FIR, the police initially registered a case under Sections 326/307 of the Indian Penal Code and started investigation thereof. In the course of investigation, the police visited the place of occurrence, arrested the accused and seized the alleged weapon of offence namely, a dao (M.Ext.1) on the same being produced by one Nangitombi Devi, PW 5 vide seizure list (Ext.2). While the case was under investigation, the injured Bhagyabati Devi succumbed to her injuries at the Silchar Medical College after two days from the date of occurrence where after the case registered by the Police against the accused proceeded under Sec. 302 of the Indian Penal Code also. On completion of the investigation, charge-sheet was submitted against the accused under Sec. 302 of the Indian Penal Code and the case was committed to the Court of Sessions for trail of the accused-appellant. In the court of Sessions, the charge was framed against the accused under Sec. 302 of the Indian Penal Code. The charge was read over to the accused who pleaded not guilty and claimed to be tried.

(3.) In the course of the trial, the prosecution examined as many as 8 (eight) witnesses in support of its case including the doctor who conducted the postmortem examination namely, PW 6 Dr. K.K. Chakraborty and the Investigating Officer namely, PW 8 Sarifuddin Ahmed. The accused was examined under Sec. 313 of the Code of Criminal Procedure. At the conclusion of the trial, the learned Sessions Judge by the impugned judgment and order dated 16.12.1996 has convicted the accused-appellant under Sec. 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life. Hence, the appeal.