KONBHAITY DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Upadhyay, learned counsel appearing for the sole appellant. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State. None has appeared for the informant/respondent no. 2.

(2.) The judgment and order dtd. 09/10/2018 passed by the Court of learned Additional Sessions Judge (FTC), Lakhimpur at North Lakhimpur, by means of which the appellant herein, was convicted under sec. 302 of the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.3000.00 with default stipulation, has been assailed by filing the present appeal.

(3.) The prosecution case is to the effect that on 02/01/2012, at around 7-30 p.m., the FIR named accused persons had assaulted deceased Pradip Das inside Gharmara Satra, resulting in his death. Sri Latu Das, who had accompanied the deceased had reported the matter to the family members of the victim. On 03/01/2012, Sri Tulan Das i.e. the elder brother of the deceased had lodged an ejahar with the Officer-in-Charge of North Lakhimpur Police Station informing him that the three accused persons named in the ejahar and another unknown person had assaulted his younger brother Pradip Das when he went to Gharmara Satra to collect money from the shops at around 7-30 p.m. on 02/01/2012 after supply of food products to the retailers from "Ahar factory". In the FIR dtd. 03/01/2012, it was also mentioned that Sri Latu Das had accompanied the deceased, who was also a assaulted with a piece of big split timber inside the Satra premises by putting gag on their mouth. Latu Das had managed to flee but the accused persons had assaulted his brother. The witness could recognize the accused persons. Therefore, a request was made to the Police to take action in the matter.