NAGENDRA SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appeal, against the impugned judgment, is preferred from jail by the sole Appellant who has been found guilty of the offence under Section 302 IPC by the learned Sessions Judge, Dhemaji, Assam, in his judgment dated 10.2.2003 passed in Sessions Case No. 9 (DH)/2001 and sentenced him to life imprisonment with a fine of Rs. 1,000/- (Rupees one thousand), in default thereof, the Appellant was to suffer R.I. for one month.

(2.) We have heard Ms. B. Gogoi, learned Amicus Curiae, appearing for the Appellant and Mr. Z. Kamar, learned Public Prosecutor, Assam, appearing for the State.

(3.) The prosecution story, in brief, is that on 24.7.1996 at about 12.00 noon, the deceased Trilochan Sarmah and one Gogoi came on a bi-cycle at the house of the deceased and while they were having tea and chatting, they came to know that the said bicycle, which was kept in a cow shed, was taken by the accused in his house. The deceased went inside the house of the accused to fetch the bi-cycle and he was assaulted therein with a poting (a sharp weapon for hunting eels) by the accused who pushed out the deceased from his house. At that point of time, the deceased was crying as "Gogoi, I am dying". The deceased was immediately taken to Dr. Medhi of Silapathar by his wife accompanied by the said Gogoi and some others, but the deceased succumbed to his injury. An FIR was lodged in connection with the incident by a brother of the deceased, who is also the brother of the accused and the Silapathar P.S. Case No. 141/1996 under Section 302 IPC was registered by the O.C. of Silapathar Police Station. Thereafter, the police investigated the case. Inquest was held, postmortem was performed, the weapon of offence (one poting) was seized and the evidence of the witnesses were recorded.