DEBARU MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Bhagawati, learned Amicus Curiae for the appellant and Mr. M. Phukan, learned Addl. P.P., Assam for the respondent State.

(2.) This appeal is directed against the judgment and order dated 24.03.2011 rendered by the learned Addl. Sessions Judge, Tinsukia, whereby, the appellant was convicted under Section 302 IPC and sentenced to rigorous imprisonment for life and fine of Rs. 5000/- with default clause.

(3.) The case of the prosecution, in brief, was that at about 3 AM on 07.11.2014, a fight took place between the deceased Anil Bora and accused Debaru Majhi @ Samra Tanti, both of whom were employees of Shambu Shil. The appellant Samra Tanti inflicted injuries on the head of the deceased with an iron rod, which caused his death. An FIR was lodged by the employer of the deceased as well as the accused/appellant, which was registered by police as Margherita P.S. Case No. 172/2006 under Section 302 IPC and eventually submitted charge sheet against the appellant upon completion of the investigation.