BIPUL GHATUAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S Kanungoe, learned Amicus Curiae appearing for the appellant and Ms. S Jahan, learned Addl. Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dated 19.01.2017 passed by the learned Sessions Judge, Golaghat in Sessions Case No.148/2014 IPC whereby the appellant was convicted under section 302 IPC and sentenced to Rigorous Imprisonment for life and fine of Rs.15,000/- with default stipulation.

(3.) As per the prosecution case, on 13.11.2012, at about 6.30 PM, there was a fight between the accused appellant and deceased Mohendra and since then deceased Mohendra was missing. On 17.11.2012, the body of the deceased Mohendra was seen in a pond near the garden by one employee of the garden and therefore, it was suspected that the deceased was killed by the appellant. An FIR was lodged by Pw-6, the father of the deceased on the basis of which Golaghat PS Case No.751/2012 was registered under section 302/201 IPC. During investigation, police recovered the body, prepared inquest, examined the witnesses and send the body for post-mortem examination. Dr. Prodip Kumar Medhi (Pw-3) conducted the post-mortem examination on the body of the victim who found the following injuries: