DIPAM HAZARIKA @ JACK SINGHANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment dated 16.6.2010 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 92 of 2008 is under challenge in this appeal. By this impugned judgment the appellant herein has been convicted under Section 302 of the Indian Penal Code and he has been sentenced to undergo Imprisonment for Life and also to pay fine of Rs. 1,000/- with default stipulation of further S.I. for three months. Being aggrieved with this conviction the convict has preferred this appeal from jail.

(2.) Since the appellant was unrepresented by any counsel Mr. K. Goswami, learned counsel was appointed as Amicus Curiae. We have also heard Mr. K. Goswami, learned Amicus Curie for the appellant and Ms B. Bhuyan, learned Addl. PP, Assam. We have also gone through the impugned judgment and prosecution evidence proffered during the trial. The defence case was total denial and no defence evidence was tendered in the trial court.

(3.) The prosecution case in a nutshell is that the deceased, Bitu Tanti was a domestic help in the house of the informant. At the relevant time, there was flood in the locality of the informant. Because of that the informant had to engage the deceased as her domestic help to ferry her five year old son to the other side of the road. Accordingly, the deceased took the informant's son on her back and while he was crossing the bamboo culvert the accused suddenly assaulted both the deceased and the minor son of the informant with a spade. The incident took place on 17.9.2007 at about 8.00 am in the morning. As a result of the assault, the domestic help succumbed to the injuries on the same day in the hospital. However, the minor child received minor injuries and survived.