The court ruled that the offence committed was culpable homicide not amounting to murder due to mutual provocation and a sudden fight, thus altering the conviction.

1. This criminal appeal from Jail is directed against a Judgment and Order dated 02.07.2015 passed by the Court of learned Additional Sessions Judge, FTC, Lakhimpur at North Lakhimpur in Sessions Case no. 184(NL) of 2014. By the Judgment and Order dated 02.07.2015, the accused - appellant has been convicted for the offence of murder defined in S.300, Indian Penal Code ( IPC ) and he has been sentenced under S.302, to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default of payment of fine, to undergo simple rigorous imprisonment for another three months.

2. The investigation was initiated on the basis of a First Information Report (FIR) instituted by the informant, Musstt. Ambia Khatoon (P.W.1) before the Officer In - Charge, Bihpuria Police Station on 10.01.2014. In the FIR, the informant alleged that at around 06-30 p.m. on that day itself, that is, on 10.01.2014, the accused named therein, who is an elder brother of the informant, killed her husband, Moubin inside their house by stabbing with a dagger. On receipt of the FIR, the Officer In - Charge, Bihpuria Police Station registered the same as Bihpuria Police Station Case no. 11/2014 for the offence under S.302, IPC and entrusted the investigation to one Manjit Terang (P.W.7) a Sub- Inspector of Police attached to Bihpuria Police Station.

3. During the course of investigation, the Investigating Officer (I.O.), P.W.7 recorded the statements of a number of witnesses under S.161 CrPC. He also visited the place of occurrence (P.O.), that is, the house of the informant and prepared a Sketch Map of the P.O. (Ext. - 6). The inquest on the deadbody of the deceased was conducted at Bihpuria C.H.C. on 10.01.2014 by the Circle Officer, In - Charge, Bihpuria Revenue Circle, who after the inquest submitted an Inquest Report (Ext. - 5). Thereafter, the deadbody was forwarded to North Lakhimpur Civil Hospital for post - mortem examination. The post - mortem examination on the deadbody of the deceased was performed at North Lakhimpur Civil Hospital on 10.01.2014. P.W.5, Dr. Manuram Tayeng, who was, 10.01.2014, posted as the Medical and Health Officer - I at North Lakhimpur Civil Hospital. The Autopsy Doctor (P.W.5) recorded his findings in a Post - Mortem Examination (PME) Report (Ext. - 3). In the course of investigation, the I.O. had seized the alleged weapon of assault vide a Seizure List, M.R. no. 01/2014 (Ext. - 2) on 11.01.2014 on being allegedly shown by the accused, in presence of witnesses and also prepared a Sketch Map of the place of recovery (Ext. - 7). After completing investigation into the case, Bihpuria Police Station Case no. 11/2014 (corresponding G.R. Case no. 55/2014), the I.O. (P.W.7) laid the charge - sheet under S.173(2), CrPC vide Charge - Sheet no. 147/2014 (Ext. - 4) on 30.08.2014 finding a prima facie case well established against the accused for the offence of murder under S.302, IPC .

4. On submission of the charge - sheet, the Court of learned Judicial Magistrate, First Class, Lakhimpur caused production of the accused from Jail custody on 27.10.2014. As the copies were ready, the same were furnished to the accused following the procedure laid down in S.207, CrPC. As the offence under S.302, IPC is exclusively triable by the Court of Sessions, the learned Judicial Magistrate, First Class, Lakhimpur committed by case records of G.R. Case no. 55/2014 to the Court of Sessions, Lakhimpur by an order of commitment dated 27.10.2014. On receipt of the case records of G.R. Case no. 55/2014, the Court of Sessions registered the same as Sessions Case no. 184(NL) / 2014. Thereafter, the case was transferred to the Court of