MRIDUL SONOWAL @ GUJARA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Atal Tiwari, learned Amicus Curiae, appearing on behalf of the appellant. We have also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor, Assam, appearing for the State.

(2.) This appeal is directed against the judgment and order dated 14.11.2018 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No.147/2013 whereby, the sole appellant had been convicted under section 302 of the Indian Penal Code (IPC) for causing homicidal death to the deceased Achyut Sonowal and sentenced to undergo imprisonment for life and also to pay a fine of Rs.1000/- with default clause.

(3.) The prosecution case, in a nutshell, is that there was a quarrel between the deceased and the accused. On 06.01.2013 at about 8.00 p.m. when the deceased was waiting in front of his house, the accused had provoked him by asking whether he would like to fight and thereafter inflicted cut injuries on the abdomen of the deceased with a sharp 'mit' dao. The victim was immediately rushed to the Sasoni Police Outpost in a maruti vehicle in an injured condition wherefrom, he was brought to the Naharani Hospital and from there he was taken to the Assam Medical College and Hospital, Dibrugarh where he succumbed to his injuries. The police had later seized the dao from the place of occurrence on being handed over by the victim's father Sri Bhupen Sonowal.