Crl.A. 137/2003 BEFORE HON’BLE MR JUSTICE P.K.SAIKIA This appeal is directed against the judgment dated 24.03.2003 passed by the lear ned Additional Sessions Judge, (Ad-hoc), Kokrajhar in Sessions Case No. 64/2000 convicting the appellant U/s 307/324 Indian Penal Code (in short IPC) and senten cing him to undergo R.I. for 7 years and to pay a fine of Rs. 1,000/-i/d to unde rgo S.I. for another 3 months for U/s 307 IPC and sentencing him to undergo R.

I. for 6 months for offence U/s 324 IPC.

2. Being aggrieved by and dissatisfied with the aforesaid Judgment, the app ellant has preferred this appeal. For convenience of discussions, the appellant would be referred to here- in after as the accused person.

3. The brief facts necessary for due disposal of this appeal are that on 04.06.1998 at about 3:45 P.M., one Sri. Danswarang Basumatary, Constable No. 65, posted at Bengtal Police Out Post came to the barrack where the accused per son was accommodated during the time under consideration. It may be stated that the accused is a member of Assam Police Task Force( in short A.P.T.F.) and the c amp where he was accommodated during the period aforesaid was situated in the cl ose vicinity of the camp of the accused person.

4. On arriving at camp of the accused person, the victim started quarrelling w ith the accused person which soon turned to a fisticuff. However, the colleague of the accused and victim who were discharging duties in the vicinity of the afo resaid place came there and separated the quarrelling duo and took away the vict im therefrom. However, the victim returned to the room of the accused person onc e again and started beating him up.

5. Little later, the Police Personal discharging duty in and around the Place of Occurrence heard the firing of gun shot and also saw the victim running out of the Barrack of the accused person only to collapse at some distance therefrom . The victim was immediately taken to Bengtal hospital wherefrom he was shifted to G.M.C&H for further and better treatment. Sri. Basumutary was treated for abo ut 20-25 days at G.M.C.&H for the injury which is sustained at the PO on the aft ernoon aforesaid .

6. An ejahar to this effect on being lodged by one Sri. Man Mohan Deka, incha rge Bengtal Police Out Post, police made a G.D. entry thereon and forwarded the F.I.R to the Sidli police station for registering the case and for doing further needful. On the receipt of the case O.C.Sidli Police station registered a case and ordered investigation.

7. During the course of investigation, the investigating officer Sri. Mon M ohan Deka visited the P.O., examined witnesses, seized the rifle which was alle gedly used in shooting Sri. Danswarang Basumatary and sent the same to the exper t for their opinion, did other needful and on completion, of the investigation, he submitted charge U/s 307/326 IPC against the accused person and forwarded hi m to the court to face his trial.

8. The Magistrate before whom the charge sheet was so laid committed the ca se to the Court of Sessions since the offence U/s 307 IPC is exclusively triable by Court of Sessions . Learned Sessions Judge on the receipt of the case on com mitment, transferred the case to the file of Additional Sessions Judge Kokrajhar for disposal. On the receipt of the case on transfer and after hearing the part ies and on going through materials on record, learned Additional Sessions Judge framed charge U/s 326/307 I.P.C against the accused person.

9. Charges, so framed, on being read over and explained to the accused pers on, he pleaded not guilty and claimed to be tried. During the course of trial, the prosecution side had examined five (5) witnesses including the I.O. After c losure of the prosecution evidence, the statement of the accused person was reco rded U/s 313 Cr.P.C. His plea was of total denial.

10. On being required, the accused, however, declined to adduce any evidence of his own. On the conclusion of trial and on hearing the argument , advanced by the