BHADRESWAR SASHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) None appears for the appellant when the matter was called upon.

(2.) The appellant being dissatisfied with and aggrieved by the judgment and order dated 27-9-2002 rendered by the learned Ad hoc Additional Sessions Judge No. 1, Tinsukia in Sessions Case No. 121 (T) of 1999 convicting him, Under Section 304 Part II IPC and sentencing him to undergo R.I. for a period of 7 years with a fine of Rs. 1000/-, in default R.I. for another 1 month, has preferred this appeal Under Section 374(2) Cr. P. C., 1973.

(3.) The prosecution case in brief is that on 24-5-1999 at about 5 P. M., the accused/appellant caused injuries to Baga Bihiri Bhumiz by assaulting him with lathi and in the following morning at 4 A. M., during treatment at Longswal hospital, he succumbed to injuries. Smt. Ahila Sashi, wife of the deceased, lodged ejahar with the Officer In-charge Makum P. S. and a case was registered Under Section 302 IPC. The police during investigation held inquest over the dead body of the deceased and sent the same for post-mortem examination. After completion of the investigation, charge-sheet was submitted against the accused person Under Section 302 IPC. The learned Chief Judicial Magistrate, Tinsukia committed the case to the Court of Session for trial.