SUNANDA DAS@SUNENDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Talukdar, learned counsel for the appellant and Mr. M.P. Goswami, learned Addl. P.P., Assam for the respondent.

(2.) This appeal is directed against the judgment and order dated 26.05.2010, passed by the learned Sessions Judge, Kamrup, in Sessions Case No. 57(K)/2007. By the said judgment, the learned Sessions Judge convicted the appellant under Section 304 Part-I/325 IPC and sentenced him to imprisonment for 10 years and fine of Rs. 5,000/- with default stipulation under Section 304 Part-I IPC. The appellant was further sentenced to imprisonment for three years and fine of Rs. 2,000/- with default stipulation under Section 325 IPC.

(3.) As per the prosecution case, Bhupen Hazarika and Nabin Hazarika were residing in the rented house and uncle of the appellant was their landlord. On 08.07.2004, at about 2 O'clock in the afternoon, the appellant Sunanda Das came to the rented premises and inflicted injuries to Bhupen Hazarika and Nabin Hazarika by hitting them with a dao. One Ranjit Saikia, who happens to be a friend of Bhupen Hazarika and Nabin Hazarika lodged the FIR, on the basis of which, Dispur P.S. Case No. 598/2004 was registered under Section 448/326 IPC. During investigation, the injured Nabin Hazarika died and as such the penal provision of Section 302 IPC was added. After death of the victim, Nabin Hazarika, inquest was done and the body was subjected to postmortem examination. The PW-8, Dr. Kanak Chandra Das conducted the postmortem examination on the body of the victim Nabin Hazarika and found the following injuries: