JATIN SIL SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MA Seikh, learned counsel for the appellant and Mr. TK Mishra, learned Addl. Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order passed by the learned Sessions Judge, Dhubri in Sessions Case No.29/2008 whereby the appellants were convicted under section 304 (Part-II) IPC and sentenced to rigorous imprisonment for 4 (four) years.

(3.) As per the prosecution case, on 19.03.2007 at about 12.00 AM when the victim and his wife were sleeping, the appellants Jatin Sil Sarma and Kanteswar Sil came to their house and called her husband and when her husband opened the door they assaulted the victim with stick, torch light and also took away Rs.10,000/- and also threatened them with dire consequences by showing dagger. She raised alarm, hearing which the neighbouring people assembled and the appellant left the place of occurrence. The wife of the victim (Pw-1) lodged the FIR on the basis of which Golakgaj PS Case No.109/2007 was registered under sections 448/325/380/506 IPC. During investigation the victim succumbed to the injuries and as such, section 302 IPC was also added. After the death of the victim the body was inquested and subjected to post-mortem examination.