ROHIDAS MIURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 08.05.2006, passed by the learned Addl. Sessions Judge No. 1, Tinsukia, in Sessions Case No.122(T)/2005, convicting the accused-appellant under section 302 of the Indian Penal Code (for short hereafter referred to as the IPC) and sentenced to suffer imprisonment for life and also to pay a fine of Rs. 2000/-, in default, to undergo simple imprisonment for further 1 month forms the subject matter of challenge in the instant appeal.

(2.) We have heard Mr. Rita Das Majumdar, learned Amicus Curiae for the accused-appellant and Mr. KA Mazumdar, learned Addl. Public Prosecutor, Assam.

(3.) The prosecution was set in motion by the FIR dated 25.02.2005 lodged by one Sri Babulal Mura with the Officer-in-Charge, Doom Dooma Police Station, alleging that about 05.30 p.m. in the evening of the previous day his son, Sri Abhiram Mura while returning from a grocery shop located in the same basti, he was intercepted by the accused-appellant and assaulted on the head by a dao. The FIR disclosed that the injured had died on the way to the hospital. Doom Dooma Police Station Case No. 37/2005, under section 302 IPC was registered and on the completion of the investigation, charge sheet was also laid under the said provision of law.