RATIA GOWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment dated 30.5.2009 passed by the learned Additional Sessions Judge, Sivasagar in Sessions Case No.41 of 2008 is under challenge in this appeal. By this impugned Judgment the appellant 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.3000/ - with default stipulation of imprisonment for another 4(four) months.

(2.) HEARD Mr. G Choudury, learned counsel for the appellant and Mr. Z Kamar, learned Public Prosecutor for the State. We have also gone through the impugned judgment and the prosecution evidence proffered in the trial court. The defense case was that the accused assaulted the deceased with a bamboo stick as the deceased was attempting to assault his mother. In his statement under Section 313 of the Cr.P.C. the accused/appellant has admitted repeatedly about assaulting the deceased with a bamboo lathi. Hence, no evidence in defense was given.

(3.) FIR was lodged by the brother of the deceased on 2.11.2007. On the basis of this FIR investigation was carried out and after the charge sheet the appellant has been convicted for the offence of murder.