AMIT LAHKHOWA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 31.03.2007, passed by the learned Additional Sessions Judge (FTC) No. 1, Tinsukia. By the impugned judgment and order, the learned Sessions Judge, convicted the appellant, under Section 302 I.P.C. and sentenced him to suffer imprisonment for life and pay fine of Rs. 5,000/-, in default suffer rigorous imprisonment for another period of 6 (six) months.

(2.) We have heard Ms. N. Hawalia, learned Amicus Curiae, appearing for the appellant and Mr. D. Das, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case, in brief, is that, on 30.10.2005, at Bisakupi Tea Estate, line No. 2, while Rajen Bag (hereinafter called the 'deceased') was erecting bamboo fence, along with Bhanu Tanti (PW -2), in his residence, at about 10 a.m., the appellant, who was the adjacent neighbour of the deceased, appeared with an iron shovel and assaulted the deceased, giving blows on his head. Due to the said assault, the deceased had fallen on the ground and died, instantly, at the spot. After committing the said crime, the appellant left the place.