NIKUDIN TIRU Vs. THE STATE OF ASSAM AND ANOTHER
HIGH COURT OF GAUHATI
The State Of Assam And Another
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HITESH KUMAR SARMA,J. -
(1.) This appeal, under section 374 of the Code of Criminal Procedure, 1973 (Cr.PC), from Jail challenges the judgment and order, dated 06.05.2015, passed by the learned Additional Sessions Judge (FTC), Lakhimpur, North Lakhimpur, in Sessions Case No. 162(NL)/2013, whereby the accused-appellant Sri Nikudin Tiru stands convicted for the offence under Section 302 of the Indian Penal Code (IPC) and has been sentenced to undergo rigorous imprisonment for life with payment of fine of Rs. 5,000/- in default, to suffer rigorous imprisonment for 3 (three) months.
(2.) The facts may be briefly stated as follows:-
On 06.03.2013, one Smt. Sumi Bhumij lodged a written FIR with the Dolohat Police Out Post alleging that while her husband was cutting bamboo, the accused appellant struck an axe blow on the neck on her deceased husband and having severed the head from the body, surrendered before the police station. The informant stated that there is a pending civil dispute between the accused-appellant and the deceased. On receipt of the FIR through the said Police Out Post, Laluk Police Station registered Laluk P.S. Case No. 44/2013 under Section 302 of the IPC and investigated the case. On completion of the investigation, a charge-sheet was laid against the accused-appellant for offence under Section 302 of the IPC. In due course, the trial of case commenced in the court of Additional Sessions Judge, Lakhimpur, North Lakhimpur.
(3.) In the course of trial, charge under Section 302 of the IPC was framed against the accused-appellant to which he pleaded guilty. The plea of accused-appellant was recorded, but, instead of convicting the accused-appellant, on his such plea, the case was set for trial.;
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