SHAWAN KASTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order, dated 15.03.2005, passed by the learned Addl. Sessions Judge No. 1, Tinsukia, in Sessions Case-No. 34(T) 2004. By the impugned judgment and order, the learned Sessions Judge, while convicting the appellant u/s. 302 IPC, sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 1,000/- in default, suffer simple imprisonment for another period of two months. We have heard Mr. P. Kataki, learned Amicus Curiae and Mr. D. Das, learned Addl. P.P., Assam.

(2.) The prosecution case, in brief, as revealed during the trial is as follows :-

(3.) Mr. Mithu Dutta (PW-1), who is the brother of the deceased, coming to know about the occurrence, proceeded to the place of occurrence and met the appellant, on the road, who was proceeding towards the police station. On being asked by the PW-1, the appellant told him that he had cut the deceased. PW-4, after his arrival in the premises of the deceased, found the dead body lying with injuries on the neck, leg, arms etc. Accordingly he lodged the FIR(Ext. 1) with the police. On receipt of the said FIR police registered a case u/s. 302 IPC and lunched investigation into the matter.