RATHINDRA CHAKRABORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) In challenge is the judgment and order dated 6.1.2006 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 50/2005 thereby convicting the Appellant under Section 302 of the Indian Penal Code (for short, hereafter referred to as the 'IPC') and sentencing him to undergo R.I. for life and also to pay fine of Rs. 5000/- in default, to suffer R.I. for another period of three months.

(2.) We have heared Mr. AM Mazumdar, Senior Advocate assisted by Mr. A. Choudhury, Advocate, for the Appellant and Mr. K.A. Mazumdar, learned Addl. Public Prosecutor for the Respondent State.

(3.) Lala P.S. Case No. 168/2004 under Section 302 IPC was registered on 19.10.2004 on the FIR lodged on the same date by one Pradyut Chakraborty, the brother of the deceased, Rajat Chakraborty. The FIR disclosed that at about 4 p.m. of the previous day i.e. 18.10.2004, the accused Appellant had visited their house with whom the deceased left in his (deceased) motorcycle to Manik Nagar. At around 9 p.m., in the evening, the informant came to learn that his brother had met with an accident in the neighbourhood of the weigh house of chabbis at Lakhinagar Charabari. He having rushed to the place of occurrence along with his neighbours, found the deceased by the side of a drain lying dead out of grievous injuries on his head. The informant expressed his suspicion against the accused Appellant to be the prepetrator of the crime. After investigation, charge sheet was submitted against the accused Appellant under Section 302 IPC Charge was also framed against him by the learned trial Court under the aforementioned provision of law to which he pleaded "not guilty".