RUBUL BORA @ SUNU Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 30/7/2008, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 31(JJ)/2007. By the impugned judgment and order, the learned Sessions Judge, held the appellant guilty of the offence under section 302 Indian Penal Code (hereinafter referred to as the IPC') and sentenced him to suffer imprisonment for life and pay fine of L 1,000/ -, in default suffer imprisonment for another period of one month. Aggrieved by the said conviction and sentence, the convict, as appellant, has come up with this appeal.

(2.) WE have heard Mr. Ujjwal Kumar Das, learned Legal Aid Counsel 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 16/10/2006, at about 3 P.M., a quarrel had taken place between Shri Madhab Bora (hereinafter called the deceased) and his brother Sri Rubul Bora @ Sunu (hereinafter called the appellant) in their house and in the said quarrel the appellant assaulted the deceased with a sharp iron sheet, causing injuries to the deceased as a result of which the deceased succumbed to the injures. On the same date, the father of the deceased and the appellant lodged an FIR with the Police. During the investigation, the Police visited the place of occurrence, prepared inquest report of the dead body, forwarded the dead body for post mortem examination and took the appellant into custody, who appeared in the Police Station, seized a piece of iron sheet and a hoe from the place of occurrence and examined the witnesses. At the close of the investigation, Police submitted charge sheet, against the appellant, under section 302 IPC.