CHANCHA BAHADUR BHUJEL Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-58
HIGH COURT OF GAUHATI
Decided on November 22,2018

Chancha Bahadur Bhujel Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is an appeal, preferred from jail, by the accused-appellant, against the judgment and order, dated 9.8.2016, passed by the learned Sessions Judge, Udalguri, in Sessions Case No. 48/2015, convicting and sentencing the accused-appellant to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- with a default clause under Section 302 IPC. 1) The case for the prosecution is that, PW5, Prem Bahadur Tamang, lodged an FIR with the Udalguri Police Station, on 24.10.2014, alleging that at about 7:00 pm on 23.10.2014, her daughter Swapna Tamang was killed by her husband/appellant, i.e. Chancha Bahadur Bhujel, inflicting injuries on her by a sharp weapon, called khukri
(2.) On receipt of the FIR, the Udalguri Police Station registered a case, being Udalguri PS Case No. 162/2014, under Section 302 IPC, investigated into it, collected evidence, caused the inquest and post-mortem of the dead body of the deceased done, prepared the sketchmap of the place of occurrence, recorded statements of the witnesses, and finally, laid charge-sheet against the accused-appellant under Section 302 IPC.
(3.) After exhausting all the required legal formalities, the case came up before the learned Sessions Judge, Udalguri. The learned Sessions Judge framed a formal charge against the accused-appellant under Section 302 IPC to which the accused-appellant pleaded innocence. Therefore, the trial commenced.;


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