DIPAK RAVA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Chakraborty, learned Amicus Curie. Also heard Mr. H.K. Sharma, learned Additional Public Prosecutor, Assam. This appeal from jail is against the judgment dated 21.02.2009, passed by the learned Sessions Judge, Darrang, Mangaldai, in Sessions Case No. 185(DM)/2005, convicting the accused/appellant u/s. 302/34 IPC and sentencing him to undergo rigorous imprisonment for life with fine of Rs. 5000/- and in default, rigorous imprisonment for another 6 (six) months. Be it stated here that other accused person, namely, Labanya was absconding at the time of delivering the impugned judgment.

(2.) Pw-1 had lodged the FIR on 14.06.2005 with the Paneri Police Station, furnishing the information that his son Tankeswar Rava, while was sleeping in his house, some unknown miscreants inflicted injury on his neck with a knife, as a result of which, he died in the particular hospital. It is in the evidence that the deceased after wrapping his injuries on neck with a "Gamocha", went to the Tea Garden Hospital, riding on a bi-cycle.

(3.) On the basis of the aforesaid FIR, Paneri P.S. Case No. 73/2005 was registered u/s. 302 IPC. Following the investigation that was carried out by the police, the present appellant along with said Labanya, who is the wife of the deceased was charge sheeted u/s. 302/34 IPC. During trial, the prosecution examined 10 witnesses.