SHRI PHATIK HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral) - This appeal is directed against the judgment and order dated 27.5.82 passed by the learned Sessions Judge, Lakhimpur in Sessions Case No. 191 (DH)177, whereby the appellant was convicted under section 302 Penal Code and sentenced to R.I. for life.

(2.) The prosecution case was that on 15.9.76 at about 5 P.M. when deceased Thaneswar Bharali was returning home from Dhakuakhana Chariali the accused persons including the appellant had assaulted him with bamboo stick and caused grievous injury. Alarm was raised, the injured was removed to Dhakuakhana State Dispensary where he was admitted but died the next day.

(3.) The FIR was lodged at Dhakuakhana P.S. by Jugal Bharali brother of the deceased at 5 A.M. on 16.9.76. The Police commenced investigation, interrogated witnesses, held inquest and sent the dead body for post-mortem examination. The investigation completed, charge-sheet was filed against the appellant and four others. At the trial the learned Sessions Judge framed charge under section 302 Penal Code against the other accused.