DILIP GOWALA @ THUNKU GOALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15.9.2004 passed by the learned 1st Addl. Sessions Judge (Ad hoc), Sibsagar in Sessions Case No. 34(S-C)/03. By the aforesaid judgment and order, the accused/appellant has been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 5,000, in default, to suffer R.I. for six months more. Aggrieved, the accused/appellant, who is in jail, has instituted the present appeal.

(2.) We have heard Mrs. M.B. Baruah, learned amicus curiae appointed by the court and Mr. K.A. Mazumdar, learned Public Prosecutor, Assam.

(3.) The short case of the prosecution is that PW4, Dina Bakti had lodged a FIR in the Abhaypur Police Out Post at about 12.15 p.m. of 29.9.2002 stating that on the previous day, i.e., 28.9.2002, at about 8 p.m., the accused/appellant had a fight with the brother of the first informant, one Akon Bakti and had caused serious injuries to his brother with a 'dao'. On the basis of the aforesaid FIR received in the Police Out Post, GD Entry No. 428 was made and the FIR was sent to Sonari Police Station for registration of a case. Accordingly, Sonari P.S. Case No. 151/02 under Section 325, IPC was registered. The injured Akon Bakti having succumbed to his injuries in the Assam Medical College and Hospital at Dibrugarh on 1.10.2002, with due permission from the court, the case was altered to one under Section 302, IPC.