KALIA BHUYAN ALIAS BIKASH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D.Konwar, learned counsel for the appellant and the learned P.P.

(2.) In Sessions Case No. 85(J-J) 98 (G.R. Case No. 51/98) the accused appellant Kalia Bhuyan@Bikash was tried for the offence u/ s 302, IPC., and on conclusion of the trial the learned Addl. Sessions Judge, Jorhat vide the impugned judgment and order dated 11.10.2001 convicted the appellant u/s 302, IPC., and sentenced him to Rigorous Imprisonment for life and to pay a fine of Rs. 10,000/- in default further imprisonment for one year.

(3.) The prosecution allegation is that on the fateful day of 13.1.98 at about 5 P.M. the accused appellant assaulted the deceased(Joy Prakash Suri) with an iron rod on the head as a result of which the deceased sustained swelling over the head and he later on succumbed to the injury on the same night On dissection Dr. Durlav Kumar Baruah (PW-5) who held the post mortem examination on the dead body of the decased found an irregular fracture over the right temporal region 2"xl "x1/2". In the opinion of the doctor, the death was due to comma as a result of head injury. In view of the oral and medical evidence on record, the death of the deceased as a result of the head injury has been well established.