PADMADHAR TAMULI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae for the appellant as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent.

(2.) This appeal under Sec. 374 of the Code of Criminal Procedure ('Cr.P.C.' for short) is preferred against the Judgment and Order, dtd. 21/7/2017, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 12(J-J)/15 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 7 (seven) years and to pay fine of Rs.10,000.00 (Rupees Ten Thousand), in default, to suffer rigorous imprisonment for 6 (six) months under Sec. 304, Part II of the Indian Penal Code ('IPC' for short).

(3.) The prosecution story, in brief, is that on 28/11/2014, one Madhurjya Jyoti Tamuli lodged an F.I.R. at Selenghat Police Outpost alleging, inter-alia, that on 27/11/2014 at about 8 a.m., a quarrel took place between his father, Numal Chandra Tamuli and the accused appellant while his father went to remove one bamboo pole fixed on the road in front of his house. During scuffle, the accused appellant inflicted a blow on the head of the informant's father with a bamboo stick causing serious injury. His father, however, escaped from the place of occurrence and then, he was shifted to Selenghat Primary Health Centre for treatment. Thereafter, while arrangement was being made for shifting him to Jorhat Medical College and Hospital for advanced treatment on 28/11/2014, he succumbed to his injury.