GOPAL GORAIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.6.2006 passed by the learned Sessions Judge, Golaghat, in Sessions Case No 50/2005, convicting the accused Appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay fine of '. 5,000.00, in default, rigorous imprisonment for one year, for committing the offence of murder by intentionally causing death of one Haren Goraik.

(2.) We have heard Mr P K Deka, learned Amicus Curiae and Mr Z Kamar, learned PP, Assam.

(3.) Smt. Sumitra Goraik, wife of the deceased Haren Goraik, had filed an ejahar before the Officer-in-Charge, Kamarbandha Police Station on 11/1/2005, stating therein that on 10/1/2005, at about 4:30 PM, the accused Appellant, Gopal Goraik @ Bubai, hacked her husband with a "Kalam Katari" (pruning knife), at the office premises of the tea estate while he was on duty. Her husband suffered serious injuries and accordingly, he was shifted to the Golaghat Civil Hospital by the garden authorities. However, he had succumbed to his injuries at 6:30 PM on the very day. On the basis of the ejahar, Golaghat Police Station Case No 25/2005 under Section 302 IPC was registered.