ASHOK MURAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Nath, learned Amicus Curiae. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

(2.) This appeal has been filed against the impugned Judgment and Order dtd. 24/1/2018 passed by the learned Additional Sessions Judge, Dibrugarh, in Sessions Case No. 60/2015, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000.00, in default, to undergo further simple imprisonment for 6 (six) months.

(3.) The Prosecution case in brief is that an FIR dtd. 11/1/2012 had been lodged by PW-8, who was the Acting Manager of Green Wood Tea Estate to the Officer In-charge, Mohanbari Police Outpost under Lahoal Police Station. The FIR stated that it had been reported by the Line Chowkidar, PW-1 that Samaru Karmakar (deceased) had been assaulted by the appellant on 10/1/2012 at 4:30 p.m. The deceased was immediately shifted to Garden Hospital and from there he was referred to Assam Medical College and Hospital (AMCH) Dibrugarh. At 3:30 a.m, he was declared dead.