RAJENDRA PEGU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Gupta, learned Amicus Curiae appearing on behalf of the appellant. Also heard Ms. S. Jahan, learned Addl. P.P. for the State of Assam.

(2.) This appeal is preferred seeking defeasance of the Judgment and Order dtd. 23/3/2004 passed by the Sessions Judge, Dhemaji convicting the accused Rajendra Pegu (hereinafter referred to as the appellant) and sentencing him to undergo Imprisonment for Life under Sec. 302 of the Indian Penal Code (IPC for short) and to pay a fine of Rs.1,000.00 with default clause.

(3.) An excerpt of the prosecution case is that in the evening of 16/11/2002 the appellant attacked Bireswar Doley (hereinafter referred to as the deceased) in front of Manthir Pegu's house, causing grievous injuries on his person. Thereafter, the villagers and the family members of the deceased came to the place of occurrence and shifted him to the Dhemaji Civil Hospital, but the deceased succumbed to his injuries in the morning of 17/11/2002.