Conviction altered from murder to culpable homicide not amounting to murder, as the act was done in the heat of passion without premeditation during a sudden quarrel.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The present criminal appeal from Jail is preferred under Section 383 , Code of Criminal Procedure [CrPC], 1973 against a Judgment and Order dated 02.08.2021 passed by the Court of learned Sessions Judge, Nalbari [‘the trial court’, for short] in Sessions Case no. 61 of 2015, which arose out of Belsor Police Station Case No. 81 of 2012 and corresponding G.R. Case no. 927 of 2012. After the trial, the learned trial court finding the accused-appellant guilty of the offence of murder under Section 300 , INDIAN PENAL CODE [IPC], has sentenced him under Section 302 , IPC to undergo rigorous imprisonment for life and to pay a fine of Rs. 50,000/- in default of payment of fine, to undergo simple imprisonment for another 1 [one] year. It is further observed that the period of detention would be set off under Section 428 , CrPC and if the fine amount is paid, the same should be paid to the wife, children and parents, if any, of the deceased equally.

2. The investigation into the case, Belsor Police Station Case no. 81/2012 commenced on receipt of a First Information Report [FIR] from one Mamoni Nath as the informant at about 07-00 p.m. on 11.07.2012, by the Officer In-Charge, Belsor Police Station. In the FIR, the informant had inter-alia stated that at around 01-30 p.m. on 10.07.2012 [Tuesday], her husband, Khitish Nath while returning from Barnibari market, made a halt at Nirala Chowk, Kakaya. The informant had alleged that when after having some rest on a Bahor Chang [a raised platform made of bamboo] [‘bamboo bench’, for short] he got on his motor bike to return home, the accused viz. Nilakanta Nath who hailed from the same village, came near him armed with an iron knife and stabbed her husband all of a sudden on his belly. As a result, her husband sustained grievous injuries on his person. Then, three persons – Kalicharan Nath [PW-2], Kulen Das [PW-6] and Jiten Das [PW-4] - took her husband, Khitish Nath to Nalbari Civil Hospital in a small car. But her husband breathed his last before he was taken to the Gauhati Medical College & Hospital [GMCH] as per the advice of the doctors at Nalbari Civil Hospital.

3. On receipt of the FIR, the Officer In-Charge, Belsor Police Station registered the same as Belsor Police Station Case no. 81/2012 under Section 302 , IPC. The investigation of the case was entrusted to one Narayan Kalita [PW-10], a Sub-Inspector of Police attached to Belsor Police Station, by the Officer In-Charge, Belsor Police Station. On being entrusted with the investigation, Narayan Kalita [PW-10] visited the place of occurrence [P.O.], that is, Nirala Chowk at Village - Kakaya and prepared a Sketch Map of the P.O. [Ext.-4] As the injured was taken to Swahid Mukunda Kakati [SMK] Civil Hospital, Nalbari prior to his death, the Investigating Officer [I.O.] [PW-10] visited SMK Civil Hospital, Nalbari to take stock of the situation there and on going there, he found that the injured had already succumbed to the injures there. Accordingly, inquest on the deadbody of the deceased was conducted at SMK Civil Hospital on 10.07.2012 by the Executive Magistrate & Circle Officer, Nalbari Revenue Circle. After the inquest proceeding, an Inquest Report [Ext.-3] was prepared recording the findings therein. The post-mortem examination on the deadbody of the deceased, Khitish Nath was performed