BENAR SINGH TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, Benar Singh Tanti, was tried by the Sessions Judge, Lakhimpur and Dibrugarh at Dibrugarh, under Sections 302 and 326 of the Penal Code. He was sentenced to imprisonment for life under Section 302, and sentenced to rigorous imprisonment for 3 years under Section 326 of the Penal Code. Both the sentences were directed to run concurrently.

(2.) THE prosecution case, in brief, is that on 6 -3 -1970 the appellant, who was a tea garden labourer, killed a girl aged about 13 years and injured 3 other persons, namely, Khirdhar Tanti (P.W. 7), Musstt. Lakhi Tanti (P.W. 8) and Dilip Lohar (P.W. 6). The garden authority having informed the police over the telephone, the police of Chabua Police Station recorded a G.D. entry and the officer -in -charge immediately left for the place of occurrence. On the spot he received a written information Ext. 1. The police registered a case and after investigation submitted a charge sheet against the appellant. In due course the committing Magistrate committed the appellant to the Court of Session to stand his trial. During the course of investigation a confessional statement, marked as Ext. 5, was also recorded by the Magistrate, Shri B.N. Sarma, on 9 -3 -1970. In the Sessions Court also the appellant stood trial under Sections 302 and 326 of the Penal Code.

(3.) THE prosecution examined as many as 10 witnesses including the Medical Officer who held the post -mortem examination on the dead body and also examined the injuries on P. Ws. 6, 7 and 8 and after trial the learned Sessions Judge convicted the appellant as aforesaid.