MOHENDRA PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Present appeal is directed against the judgment and order dated 29.12.2004 rendered by the learned Addl. Sessions Judge (Ad-hoc), Sivsagar, in Sessions Case No.58(S-C)/2003, whereby the appellant was convicted under Sections 447/302 IPC and sentenced to imprisonment for life and to pay fine of Rs.5000/-, in default, to undergo rigorous imprisonment for 6 months, for commission of offence u/s 302 IPC, and also to pay fine of Rs.500/-, for the offence u/s 447 IPC and, in default, to undergo simple imprisonment for 15 days.

(2.) Facts leading to filing this appeal, by the accused/appellant, may be stated in brief, as follows:

(3.) On receipt of the Ejahar, police registered a case u/s 341/325/34 IPC against the accused persons and launched investigation. The injured Naba Phukan, succumbed to his injuries on 5.8.2001 while undergoing treatment of his injury in the hospital. Police sent the dead body, for post-mortem examination. After completing the investigation, the Investigating Police Officer police submitted charge-sheet against the accused-appellant u/s 447/302/34 IPC as well as against accused Paresh Phukan.