Manojit Bhuyan, J. - (1.)This appeal by Saibur Rahman Barbhuiyan is filed against the judgment dated 11.09.2013 passed by the learned Additional Sessions Judge, Cachar, Silchar in Sessions Case No. 155/2012, whereby the appellant was convicted under Sections 447/302 of the Indian Penal Code and sentenced to rigorous imprisonment for 3 (three) months under Sec. 447 Penal Code and to imprisonment for life under Sec. 302 Penal Code with fine and default stipulations.
(2.)The case on hand is in respect of the death of a woman Jamila Bibi in her house perpetrated by the appellant by inflicting injuries on the neck and forehead by a blunt weapon. The plea of insanity under Sec. 84 of the Penal Code was taken by the defence. The deceased woman was residing in the neighborhood of the appellant.
(3.)According to the prosecution case, on 16.02.2012 at around 10 A.M., the appellant trespassed into the house where the deceased was residing and in the absence of her husband Tasir Ali (PW-1) and with the intention to cause death, voluntarily caused hurt on the head and neck of Jamila Khatun by means of a handle of a Tara Pump. Jamila was taken to Banskandi PIC and then to Alipur Hospital. She was referred for treatment to Silchar Medical College & Hospital (SMCH) but she was declared as brought dead at SMCH. Ejahar in the case was lodged by one Afzal Hussain and thereupon Lakhipur P.S. Case No. 23/2012 was registered against the appellant under Sections 447/302 Penal Code. Investigation commenced, memos were drawn, statements of witnesses were recorded, autopsy conducted on Jamila and Charge Sheet was filed committing the case to trial. Formal charges were drawn up by the Court and trial commenced.