PRABHAS BHOWMIK @ PRABASH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is directed against the judgment and order dated 28.11.2002 passed by the learned Ad hoc Addl. Sessions Judge, FTC, Sonitpur in Sessions Case No. 102(S)/02. By the aforesaid judgment, the accused/appellant has been convicted under Section 302, IPC and sentenced to imprisonment for life. Additionally, a fine of Rs. 5,000 has been imposed, in default, the accused-appellant has been sentenced to suffer R.I. for two months more.

(2.) The short case of the prosecution is that at about 9 a.m. of 30.1.2002, PW1 Subhash Bhowmik lodged a FIR in the Thelamara Police Station stating that at about 6.30 p.m. of the previous day (29.1.2002) while his elder brother one Pranash Bhowmik was sleeping in his house, the accused/appellant Prabhas Bhowmik, who is the younger brother of the first informant caused serious injuries to Pranash Bhomik with a broken plough resulting in his death in the hospital.

(3.) On the basis of the aforesaid FIR lodged, Thelamara P.S. Case No. 2/2002 was registered. PW11 Sri Gopiram Koch, Sub-Inspector of Police was entrusted with the investigation of the case who, in course thereof, visited the place of occurrence and held inquest on the dead body which was also sent for post mortem examination. The statements of persons who claimed to be acquainted with the offence were recorded by the Investigating Officer. On conclusion of the investigation, charge sheet was submitted against the accused/appellant under Section 302, IPC. The offence alleged being exclusively triable by the court of Sessions, the learned SDJM(S), Sonitpur, Tezpur by order dated 26.6.2002 committed the case for trial to the court of Sessions at Tezpur. In the Sessions Court charge under Section 302, IPC was framed against the accused/appellant to which he pleaded not guilty. In the course of trial, eleven witnesses were examined by the prosecution. The statement of the accused/appellant was recorded under Section 313, Cr.PC. No defence evidence was adduced. Thereafter, by the impugned judgment and order dated 28.11.2002 the accused/appellant has been convicted and sentenced as aforesaid.