RAJU SUKRAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 19.9.2009, passed by the learned Additional Sessions Judge No. 2 (FTC), Tinsukia, in Sessions Case No. 110(T)/2004. By the impugned judgment and order, the learned Sessions Judge, convicted the appellant, under sections 342/302 read with section 34 of the Indian Penal Code (hereinafter referred to as the 'IPC') and sentenced him to suffer simple imprisonment for three months and pay fine of Rs. 500/-, in default suffer simple imprisonment for another period of one month, for his conviction under section 342/34 IPC and suffer imprisonment for life and pay fine of Rs. 5,000/- in default undergo rigorous imprisonment for additional period of six months for his conviction under section 302/34 IPC. It has been directed, by the said judgment, that both the sentences shall run concurrently.

(2.) We have heard Ms. N. Mitra, learned Amicus Curiae, appearing for the appellant and Mr. K. Mazumdar, learned Additional Public Prosecutor, for the State of Assam.

(3.) The prosecution case, as revealed at the trial, is that, on 3.8.2002, at about 9.30 P.M., the appellant and Shri Anant Ram Ganju @ Ahat Ram Ganju killed Shri Bachan Munda (herein after called the deceased) by, assaulting him with a piece of wood (i.e. a branch of tree) and the dead body of the deceased was found in injured condition in the house of the appellant.