ABHIRAM LOHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appellant is aggrieved by his conviction and sentence by a judgment dated 6-7-2006 passed by the Sessions Judge, Cachar, Silchar in Sessions Case No. 91/2004.

(2.) The Appellant was convicted for an offence of murder under Section 302 of the IPC and is undergoing life imprisonment. This appeal has been preferred by him from jail. The conviction of the Appellant rests on the eye witness testimony of PW-1 Nitu Bagti and PW-2 Hiramoti Paul. The Appellant was also implicated by the deceased Mamata while she was in an injured condition. PW-3 Bimal Bhumij and PW-6 Barun Lohar stated that the Mamata had told them that the Appellant had attacked her.

(3.) On 16-2-2004 a First Information Report (FIR) was lodged by Barun Lohar (husband of the deceased) to the effect that on 11-2-2004 his wife Mamata had gone to the well in the Tea Estate to take a bath. At that time his elder brother (the Appellant) attacked her with a dao and randomly gave her blows on the neck and hands. Hearing the commotion the informant came running to take care of his wife who was in an injured state. She was later on shifted to Silchar Medical College Hospital but she succumbed to her injuries on 14-2-2004.