TIKEN CHUTIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) PRESENT appeal arises out of Judgment & Order dated 2.4.2009 passed by the learned Dist. & Sessions Judge, Lakhimpur in Sessions Case No. 10(N.L.)/2007, whereby the appellant was convicted u/s 302 IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs.3000/-, in default, to undergo rigorous imprisonment for another 3 months.

(2.) BRIEF facts giving rise to this appeal reveals that at about 9:00 PM in the evening on 10.12.2004, an FIR was lodged by Sri Ramen Das, son of Late Aditya Das (deceased) stating therein that on 10.12.04 at about 8:00 AM Sri Bogen Chutia, Tiken Chutia, Biren Chutia and Rupen Chutia had severely assaulted and injured him and his father Aditya Das by means of sharp weapons in latters own filed. As a result of the injuries, both of them were taken to North Lakhimpur Civil Hospital, for treatment. Unfortunately, on the same day at about 5:00 PM injured Aditya Das, succumbed to his injuries at North Lakhimpur Civil Hospital. On the basis of the FIR so lodged by PW.1, a case was registered under Sections 324/302/34 IPC and accordingly investigation was launched.

(3.) ON conclusion of trial, the learned Sessions Judge considering the evidence adduced by the prosecution as well as the relevant materials on record, acquitted the co-accused Bhogen Chutia from the charges aforesaid levelled against him. However, the learned Sessions Judge held that the prosecution was successful in proving the charges against the accused Tiken Chutia, for committing offence under Section 302 IPC and accordingly convicted the accused appellant under Section 302 IPC and sentenced him as aforesaid, giving rise to this appeal.