DHANIRAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 08.11.2006, passed, by the learned Sessions Judge, Lakhimpur, in Sessions Case No.55(NL)2005, convicting the accused-appellant, under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs.1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of six months.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described thus: On 26.01.2005, at about 3:30 A.M., while Hiren Das, youngest son of Kusha Das, (PW1) was chasing the inmates of the house of Kusha Das with a dao to injure and kill them, Hiren Das stumbled and fell down and, at that moment, apprehending that Hiren Das could, on getting up, injure his parents and brother and he may even kill them, accused Dhaniram Das, eldest son of PW1, gave blows by a dao, on Hiren Das, causing his death. Kusha Das (PW1), then, lodged an Ejahar (Ext.1) at Dholpur Police Out Post. A General Diary was accordingly made at the said Out Post and, treating the said Ejahar as First Information Report (in short, 'FIR'), Bihpuria Police Station case No.12 of 2005, under Section 302 IPC, was registered against the accused- appellant. During investigation, police visited the place of occurrence, held inquest over the dead body of Hiren Das, seized the dao, which was allegedly used by the accused-appellant to cause his brother's death, and, on completion of investigation, police laid charge-sheet against the accused under Section 302 IPC.

(3.) HAVING, however, found the accused-appellant guilty of the offence, which he stood charged with, the learned trial Court convicted him accordingly and passed sentence against him as mentioned above. Aggrieved by his conviction and the sentence passed against him, the accused, as convicted person, has preferred this appeal.