Criminal Appeal No.125 of 2015. Case: Sri Subhash Debnath Vs State of Assam & another. Guwahati High Court

Case NumberCriminal Appeal No.125 of 2015
CounselFor Appellant: Mr. B. K. Mahajan, Advocate. Mr. N. J. Das, Advocate. and For Respondent: Ms. Shamima Jahan, Addl. Public Prosecutor.
JudgesN. Chaudhury, J.
IssueIndian Penal Code - Sections 302, 34; Code of Criminal Procedure - Sections 313, 161
Judgement DateSeptember 08, 2016
CourtGuwahati High Court


N. Chaudhury, J.

  1. This appeal is directed against the judgment and order of conviction dated 21.04.2015 passed by learned Additional Sessions Judge (FTC), Nagaon, in Sessions Case No.287(N)/2010 under Section 302 of the Indian Penal Code sentencing the appellant to suffer rigorous imprisonment for life and to pay a fine of Rs.5000/-, in default, to undergo rigorous imprisonment for three months more.

  2. The appellant Subhash Debnath and his son Subrata Debnath were tried in Sessions Case No.287(N)/2010 for committing murder of one Sujit Debnath of Nagaon. The prosecution story is that one Niranjan Debnath lodged an ejahar on 10.08.2007 before the Officer-in-charge, Nagaon Police Station, informing that on the previous night at about 10.00 O''clock his son had gone to the house of the accused persons where he was assaulted and injured. His son came and informed him about the injury and then again went out. On the following morning at 5.30 a.m. his dead body was found lying in front of his father''s shop with face downwards. Police registered Nagaon Police Station Case No.607/2007 under Section 302/34 of the Indian Penal Code and held investigation. Inquest was done by an Executive Magistrate at the place of occurrence. The Investigating Officer recorded statements of witnesses and after getting the post mortem report submitted charge-sheet against Subhash Debnath and his son Subrata Debnath in G.R. Case No.1350/2007 of the Court of learned Judicial Magistrate (2nd Class) at Nagaon who committed the case to Sessions on 21.09.2010 and thereupon aforesaid Sessions Case No.287(N)/2010 was registered. Charges were framed against the two accused persons under Sections 302, 201 read with Section 34 of the Indian Penal Code. Both the accused persons pleaded not guilty and claimed to be tried.

  3. In course of trial prosecution examined ten witnesses including the two Investigating Officers and one Medical Officer. Having considered the evidence led by the prosecution and on perusal of the statement of the accused under Section 313 of the Code of Criminal Procedure, the learned Additional Sessions Judge passed the impugned judgment on 21.04.2015 acquitting accused Subrata Debnath of all the charges but convicting accused Subhash Debnath under Section 302 of the Indian Penal Code and sentenced him as aforesaid. This judgment and order has been called in question in the present appeal.

  4. We have heard Mr. B. K. Mahajan, learned counsel for...

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