SHYAM KANTI SINHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) On conclusion of trial in Sessions Case No. 41/99, the Additional Sessions Judge, Cachar at Silchar by the judgment dated 15.10.2001 convicted the appellant Shyam Kanti Sinha under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rupees one thousand, in default further rigorous imprisonment for 6 (six) months.

(2.) We have heard Shri J.M. Choudhury, learned senior counsel for the appellant and Mr N. Mohammad, learned Public Prosecutor for the State of Assam. At the very beginning, Shri Choudhury in all fairness submitted that involvement of the appellant in this case is not being disputed, but according to him the evidence on record make out a case under Section 304 Part-II and not under Section 302 of Indian Penal Code.

(3.) The complainant, Sri Dhaneswar Sinha lodged the First Information Report on 15.3.98 before the police alleging that on 14.3.98, in the premises of 1005 Chengkuri Primary School, the appellant assaulted his son on the head with a wooden batten and grievously injured him. It was also mentioned that his son was admitted to Silchar Medical College Hospital and was in critical condition.