SUREN PRAJA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appellant is aggrieved by his conviction and sentence dated 23.11.2004 passed by the learned Addl. Sessions Judge, Ad hoc, (Fast Track Court), Biswanath Chariali, District Sonitpur in Sessions Case No. 54 of 2003.

(2.) A First Information Report was filed by Lokhia Chowra on 3.1.2000 to the effect that on 2.1.2000 at about 6 p.m. the Appellant grievously wounded his elder brother (Kandra Chowra) by dealing cut blows in his head and neck with a dao inside his (Kandra Chowra's) own house and fled away. Kundra Chowra was taken to Gingia Hospital for treatment and later on to Monabari Hospital, but he died in the morning of 3.1.2000.

(3.) After completion of the investigations and committal proceedings, the Appellant was charged with having committed house trespass by trespassing inside the house premises of Kandra Chowra in order to commit the offence of murder and that he intentionally inflicted cut blows into the head and neck of Kandra Chowra, as a result of which he died on 3.1.2000. The Appellant denied the charges framed and claimed trial.