Point of Law: Presiding Officer failed to perform his duty as required by law and did not even refer to facts elicited from cross-examination of witnesses.

JUDGMENT :

Sandeep, Mehta, J.

The instant Criminal Jail Appeal under Section 374(2) Cr.P.C. has been preferred by the appellant/convict Ajit Kumar being aggrieved of the judgment and order dated 09.05.2017 passed by the learned Additional Sessions Judge, Dibrugarh in Sessions Case No.278/2013, whereby the appellant herein was convicted for the offence punishable under Section 302 IPC and was sentenced to imprisonment for life and in addition thereto, fine of Rs.5,000/-. In default of payment of fine, he was further awarded Simple Imprisonment (SI) for a period of 1(one) month.

2. Brief facts relevant and essential for disposal of the appeal are noted here-in-below.

On 19.02.2008, the Officer In-Charge of Moran Police Station received telephonic information that a dead body had been seen in an abandoned truck, which was parked near a hotel at Jhollong area. Upon receiving the said information, the police team rushed to the spot and a dead body was seen in the abandoned truck bearing Registration No.WB-23/A-2527. Pursuant to the discovery, the officers of Moran Police Station, prepared the seizure list (Exhibit-2) on 19.02.2008, whereby the truck mentioned above loaded with mustard seeds was seized. Vide Seizure List (Exhibit-4), a wheel wrench having blood stains, light green and gray colour blanket having blood stains, were also seized.

Inquest of the unidentified dead body (Ext.5) was prepared and blunt injury was noted on his forehead. Autopsy was got conducted on the dead body. In the post mortem report (Exhibit 6), opinion was given that the cause of death of the deceased was ante mortem blunt injury caused on the head.

The prosecution claims that the appellant herein was found loitering around in Sivasagar town in the intervening night of 19.02.2008 and 20.02.2008 and was apprehended. His personal search was taken and, allegedly, cash amount to the tune of Rs.10,880/-and a Nokia mobile handset were seized from his possession. However, neither the detention memo of the accused nor the seizure memo of the currency notes and the mobile if any prepared by the officers of Sivasagar Police Station were brought on record. It is further claimed by the prosecution that the accused was taken into custody by the officers of the Moran Police Station and the articles allegedly seized by the Sivasagar Police Station were also taken into possession vide Seizure List (Exhibit-3). It is noteworthy that memo pertaining to the custody of the accused being taken by the officers of the Moran Police Station from the Officers of Sivasagar Police Station neither prepared nor exhibited during trial.

3. Be that as it may, the Seizure list (Exhibit-3) prepared by the officers of the Sivasagar Police Station indicates that some of the seized currency notes were bearing blood stains.

4. After the apprehension of the accused, one Avtar Singh (PW-1) lodged a written report to the Officer-in Charge, Moran Police Station (Exhibit-1) alleging inter alia that his truck bearing Registration No.WB-23/A-2527, loaded with 241 bags of mustard seeds, had departed from Sri Ram Industries, Tinsukia on 18th of February and on the way, the truck driver, Lakhan Mandal was murdered by the handyman (khalasi) Ajit who escaped with money and the mobile instrument. It is very important to note that the formal F.I.R. No.17/2008 registered at the Sivasagar Police Station was never exhibited by the prosecution. Investigation was concluded and charge-sheet was filed against the accused for the offence under Section 302 IPC.

5. The offence under Section 302 IPC, being triable by the Court of Sessions exclusively, was committed to the Court of the Sessions Judge, Dibrugarh from where the same was transferred to the Court of Additional Sessions Judge, Dibrugarh for trial. Charge for offence under Section 302 IPC was framed against the accused who pleaded not guilty and claimed trial.