NAREN MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment dated 20.07.2010, passed by the learned Sessions Judge, Nalbari in Sessions Case No. 49 of 2006, whereby the appellant herein has been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter, in short 'IPC'), is under challenge. On his conviction for the offence of murder the appellant has been sentenced to undergo Imprisonment for Life and also to pay a fine of Rs. 2,000/- (Rupees Two Thousand), with default stipulation of further RI for 6 (six) months. Being aggrieved with the conviction and sentence the convict has preferred this appeal from jail.

(2.) WE have heard Sri N J Das, learned counsel appearing on behalf of the appellant as well as Sri B J Datta, learned Additional Public Prosecutor for the State of Assam. We have also perused the impugned Judgment and the evidence tendered by the prosecution in the trial Court.

(3.) PW -1 is the brother of the deceased. He has admitted that an altercation had taken place in between the accused persons and the deceased and thereafter, the deceased was physically assaulted by the accused persons. It may be mentioned here that initially 2 (two) persons were charge-sheeted but the co-accused, Sri Mukut Deka died during the pendency of the case.