NARESH MIRDHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order, dated 28.10.98, passed by the learned Sessions Judge, Tinsukia, in Sessions Case No. 45 (T)/ 96 convicting the accused-appellant under Section 304 1PC and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.2000/- and in default, to undergo further rigorous imprisonment for a period of one year.

(2.) The case of the prosecution, as unfolded at the trial, may in brief, be stated as follows: On 15.4.95 at 10.15 A.M., one Smti Chnadravati Mirdha, a resident of labour line No. 37 of Chamdang Mechaijan Tea Estate, lodged a written FIR, at Doom Dooma police station, stating, inter-alia, that on the previous night at about 7 P.M., while her husband, Hiralal Mirdha, went out to the same labour line, the present appellant and his brother, Ajit Mirdha, of the said labour line had assaulted Hiralal with a dao on different parts of his body seriously wounding him and on receiving information about the occurrence, when she reached the place of occurrence, she found her husband lying injured and shifted him to the hospital of Chamdang Tea Estate, wherefrom he was taken to Central hospital, Bichakupi, where he died on the following day of the occurrence. On receipt of the said FIR, Doom Dooma police registered a case and, on completion of investigation, laid charge-sheet against the present appellant, Naresh Mirdha, and his brother, Ajit Mirdha, aforementioned under Section 302/34 IPC.

(3.) The learned trial Court framed a charge under Section 302/34 IPC against the present appellant, Naresh Mirdha, and accused Ajit Mirdha aforementioned, but both the accused pleaded not guilty to the charge so framed.