The court affirmed the conviction for murder under Section 302 IPC, highlighting that the accused acted with sufficient intent, despite claims of provocation, based on consistent eyewitness testimonies.

Heard Ms. M. Barman, learned Amicus Curiae. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appearing for the State respondent.

2. This Criminal Appeal is preferred by the appellant Sri Arup Das @ Kalamani, from Jail, assailing the judgment and order dated 31.10.2017, passed by the learned Additional Sessions Judge, Bajali at Pathsala in Sessions Case No.317/2016, under Section 302 of the INDIAN PENAL CODE , 1860, whereby the appellant has been convicted and sentenced to undergo Rigorous Imprisonment for life and a fine of Rs.10,000/-(Rupees ten thousand) only, in default of fine, to undergo Rigorous Imprisonment for six (6) months, for committing the murder of his father-in-law Rabin Das.

3. The case set up by the prosecution, in brief, is that informant Smti. Rita Das lodged an ejahar before the In-Charge of Baghmara Out Post under Patacharkuchi Police Station, stating that on 13.05.2016, at around 11:00 A.M., she along with her husband Rabin Das took their daughter Smti. Malaya Das and went to the house of accused Arup Das @ Kalamani, to drop their daughter in the house of the accused and had discussion so that accused would look after and treat well to his wife (their daughter). Thereafter, it is alleged, when her husband Rabin Das was coming out of the room, then, suddenly the accused got up and picked up an axe and assaulted on the head of her husband Rabin Das and dealt with several blows on him. As a result, her husband Rabin Das died instantaneously on the courtyard. Thereafter, the accused chased her and her daughter to hack them. However, they escaped and somehow saved their lives.

4. On receipt of the said ejahar, same was entered as Baghmara Out Post GDE No.225, dated 15.05.2016 and forwarded the same to the Patacharkuchi Police Station. Accordingly, a case was registered being Patacharkuchi Police Station Case No.288/2016, under Section 302 of the INDIAN PENAL CODE , 1860.

5. During the course of investigation, the Investigating Officer (in short ‘the I.O.’) visited the place of occurrence, recorded the statement of witnesses, inquest on the dead body was done and seized the axe. Post mortem examination of the deceased was done with the requisition at FAA Medical College and Hospital, Barpeta, collected the post mortem report and the accused/appellant was arrested. On completion of the investigation, charge sheet was filed against the accused under Section 302 of the INDIAN PENAL CODE , 1860.

6. After filing of the charge sheet, the SDJM (M), Bajali at Pathsala took cognizance of the case and after following the procedure, since the case was exclusively triable by the Court of Sessions, committed the case for trial to the Court of learned Sessions Judge. On appearance of the accused person, the charge under Section 302 of the INDIAN PENAL CODE , 1860 was framed against the accused person and the contents of the charge was read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.

7. During the course of trial, the prosecution has examined in all eleven (11) witnesses. After completion of the examination of prosecution witnesses, the accused person was examined under Section 313 of the Code of Criminal Procedure, 1973 and the accused denied all the allegations and declined to adduce defence evidence