P.K.SAIKIA,J - (1.) THIS jail appeal is directed against the judgment dated 16.07.07 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No.12/07 convicting the accused/appellant under Section 302 IPC and sentencing him to suffer R.I. for life and to pay a fine of Rs.5000/- in default S.I. for another period of 2(two) months for the offence, aforesaid.
(2.) BEING aggrieved by and dissatisfied with, accused/appellants preferred this present appeal. The facts necessary for disposal of the present appeal, in short, are that on 16.08.06 at about 5:00 am one Mahendra Majhi (since deceased) was coming home from Ukha Bam. When he reached the gateway of one Manik Majhi, he met some of his co-villagers, such as; Manik Majhi, Ashok Murmur and Pona Phukan He joined them and started gossiping with them as well. Precisely at that time, accused Hira Majhi arrived there with a Kalam Kutari (knife used for pruning tea bush) in his hand and started inflicting blows on Mahendra Majhi. Being injured, he fell down on the ground and succumbed to the injuries at the place of occurrence itself .Out of fear, people who were with the deceased at that time and who witnessed such a terrible incident fled the scene. Thereafter, one Puran Majhi, son of the deceased, lodged an FIR with I/C Raj Gorh Police Outpost. On receiving of the FIR, I/C Raj Gorh made necessary GD entry and forwarded the same to the concerned O/C for doing needful in accordance with law.
(3.) IN due course, on the basis of such FIR, a case was registered by O/C Tingkhong Police Station and ordered investigation. I/O who conducted the investigation, visited the P.O. ,conducted an inquest on the dead body , sent the same for post mortem examination, examined the witnesses and did other needful and on completion of investigation, he submitted the Charge- sheet U/s 302 IPC against the accused person and forwarded him to the Court to face trial. The learned Magistrate, before whom the charge sheet was so laid, committed the case to the Court of Sessions since the offence under Section 302 IPC is exclusively triable by the Court of Sessions. The learned Sessions Judge, Dibrugarh after the commitment of the case and after hearing the parties, framed charge under Section 302 IPC and charge, so framed, on being read over and explained to the accused person, he pleaded not guilty and claim to the tried.;