BHATKA KARMAKAR @ NAGEN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment and order dated 21.2.2007 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 56(J -J)2006 by which the present appellant was convicted u/s 302 IPC and sentenced to undergo Life Imprisonment with a fine Rs. 1,000/ - and in default, Rigorous Imprisonment for 1(one) month. For the purpose of consideration of the present appeal, we may briefly refer to certain basic facts.

(2.) ON 20.11. 2005 the wife of the deceased lodged an FIR with the Lahdoigarh Police Outpost stating that on 19.11.2005 at about 7 pm, her husband, Deben Kalandi, was assaulted on his head and leg by two persons namely, Bhatka Karmakar alias Nagen and Thepa alias Bikas with an axe and a sharp knife. Even though the injured person was rushed to the Jorhat Civil Hospital, he succumbed to his injuries the next day.

(3.) THE learned Sessions Judge after hearing the parties and considering the evidence on record, convicted the present appellant under section 302 of IPC. However, the other co -accused namely, Thepa Karmakar alias Bikas was acquitted from the charge under section 302 of IPC.