BOGAI BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 24.3.2006 passed by the learned ad hoc Additional Sessions Judge, North Lakhimpur, Lakhimpur in Sessions Case No. 50(NL)/04 (GR Case No. 146/03), whereby the appellant was convicted under Section 304, Part-I of the IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000, in default of payment of fine to undergo R.I., for another one year.

(2.) The facts necessary for disposal of this appeal, may be narrated in brief as follows;

(3.) During the course of investigation, inquest over the dead body was conducted by the Executive Magistrate, Lakhimpur in presence of the witnesses and thereafter the post mortem examination on the dead body was carried out by Dr. Pradip Medhook, (PW11) SDM and H.O., at Lakhimpur. The Investigating Officer (I.O.), during the course of investigation seized a 'dao' with a long handle, on being produced by Smt. Jonali Bora, (PW6) and blood stained 'dhoti', which was put on by the deceased at the time of occurrence. The Investigating Officer (I.O.), also seized one spade and a blood stained 'gamocha' from the place of occurrence. On completion of the investigation the I.O., submitted charge sheet alleging commission of offence under Section 302, IPC.