BANKIM CHANDRA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, before us, Sri Bankim Chandra Kalita was convicted under Section 304 Part -III of IPC by the Sessions Judge, Nalbari in Sessions Case No. 30/1993 and he was sentenced to imprisonment, for five years and to pay a fine of Rs. 1,000 in default to further imprisonment for two months.

(2.) THE prosecution story of the case, in brief, is that on 8.7.1992 at about 8.00 a.m. a quarrel took place between the two neighbours, namely, Bankim Ch. Kalita and Tarju Kalita, whereupon it is alleged, the accused appellant Bikram Ch. Kalita assaulted the deceased Tarju Kalita with a hoe causing injury on the head. The injured was removed to hospital and F.I.R. Exhibit -1 was lodged by the wife of the injured. Subsequently, the injured succumbed to the injuries.

(3.) IN the opinion of the Doctor, the death was due to coma as a result of head injury which was ante mortem. The injury was caused by blunt impact and was homicidal in nature.