HAREN PATOR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant was convicted u/s 304 Part-II IPC and sentenced to undergo R.I. for 10 years vide judgment and order dated 3.12.2011 rendered by the learned Sessions Judge, Morigaon in Sessions Case No. 58/2008(GR Case No. 418/07). On being so convicted the appellant is serving sentence. He has preferred this appeal from jail.

(2.) I have heard Ms. B. Bhuyan, learned Amicus Curiae for the convict appellant and Mr. BS. Sinha, learned Addl. P.P., Assam, for the State respondent.

(3.) The prosecution story is unfolded in the FIR dated 17.4.2007 lodged by one Rafan Bordoloi wherein it has been alleged that the appellant Haren Pator assaulted Ramrish Bordoloi at his vital part like chest by fist blows and bamboo stick on 16.4.2007 at 5 PM causing death to him at the place of occurrence. Police registered the Jagiroad PS Case No. 52/2007 u/s 302 IPC and after investigation submitted charge sheet and the learned Magistrate committed the case to the court of Sessions for trial.