PRAKASH TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 13.02.2003, passed by the learned Addl. Sessions Judge No. 2, Sibsagar, in Sessioris Case No. 40 (SC) 2001 (New), is in challenge in this appeal. By the impugned judgment and order aforesaid, the accused-Appellant, namely, Sri Prakash Tanti was convicted by the learned Addl. Sessions Judge, for the offence punishable under Sections 304 Part-II and 324 of IPC. Accordingly, the accused-Appellant was sentenced to suffer rigorous imprisonment for seven years under Section 304 Part-II of IPC and pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for another period of six months and to suffer rigorous imprisonment for two years under Section 324 of IPC. It was directed that both the sentences should run concurrently. Being aggrieved, the accused-Appellant has come up with this appeal.

(2.) The prosecution case, in brief, as revealed at the trial, may be stated thus:

(3.) During the investigation, police visited the place of occurrence, prepared the inquest report, made arrangement for post mortem examination, collected the autopsy report and recorded the statement of the witnesses. At the close of the investigation, police submitted the charge sheet against the Appellant under Sections 448/302/326 IPC, showing the accused person as an absconder.