PABITRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Talukdar, learned counsel for the appellant and Ms. S. Jahan, learned Addl. P.P. for the State respondent as well as Mr. A.K. Gupta, learned counsel for the informant respondent No. 2.

(2.) This appeal is directed against the judgment and order dated 24.04.2018 passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 117/2016, whereby, the learned Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to rigorous imprisonment for life and fine of Rs. 1,000/-, with default stipulation.

(3.) The prosecution case, as reflected in the FIR was that on 28.06.2016, at about 6.30 PM, when Kanai Das (deceased) was coming home from market by riding his motorcycle, the co-villager Pabitra Das inflicted multiple cut injuries to him and had left the place. Immediately, he was shifted to hospital by the members of the family. However, the doctor declared him dead. The brother of the victim Sri Hiten Das (PW-1) lodged the FIR (Ext.1), on the basis of which, Chabua P.S. Case No. 97/2016 was registered under Section 302 IPC. During investigation, police recorded the statement of the witnesses, prepared inquest report and sent the body for postmortem examination. Dr. Subhajyoti Deka (PW-9) conducted the postmortem examination on the body of the victim.