SUNIL RAVA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned counsel for the appellant, Ms. S.Jahan, learned Additional Public Prosecutor, Assam for the State/respondent No. 1 and Mr. S. Ahmed, learned counsel for the respondent No.2.

(2.) This appeal is directed against the judgment and order passed by the learned Additional Sessions Judge, Kamrup, Amingaon in Sessions Case No. 253/2014, whereby, the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to rigorous imprisonment for life and fine of Rs. 2,000/- with default stipulation.

(3.) As per prosecution case on 24-07-2009 at about 9.30 pm, co-accused Dipak Rabha and Sunil Rava (appellant) inflicted injury to the brother of the informant, namely, Ratneswar by hitting him on his head with a piece of timber. Immediately the victim was shifted to the hospital, where he succumbed to the injuries. PW-2, brother of the victim, lodged the FIR (Ext. 2), on the basis of which, police registered Chayygaon P.S. Case No. 121/2009 u/s 302/34 IPC. In course of investigation, police recorded the statement of the witnesses, seized the alleged weapon of offence, prepared inquest report and sent the body for post-mortem examination. Dr. Monoj Kr. Sinha (PW-3) conducted the post mortem examination on the body of the victim.