SANKARGARO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, learned counsel for the accused appellant and Mr. F.H. Laskar assisted by Ms. B. Saikia, learned P.P.

(2.) This appeal is directed against the Judgment and Order dated 29.04.2002 passed by the Sessions Judge, Kamrup, Guwahati in Sessions Case No. 156 (K) 99 (GR Case No. 484/97) convicting the accused appellant u/s 302/323 IPC and sentencing him to imprisonment for life for the offence u/s 3 02 IPC and to pay a fine of Rs. 2000/- in default further imprisonment for three months. The accused appellant was also sentenced to imprisonment for three months for the offence u/s 323 JPC. Both the sentences were ordered to run concurrently.

(3.) The prosecution case in brief is that on 13.9.97 a simple fight ensued between two groups in a wine shop at Bhomgaon under Sonapur P.S. which led to the death of Maila Bhujal. The deceased along with Babul Sonari (PW 4), Puma Tumung (PW 2) and Some Sonari (PW 5) went to the market and while returning from the said market, they entered into the said shop for allegedly drinking water and it is deposed that thereafter an altercation took place with the accused appellant Sankar Garo and his associates and in the process Sankar Garo assaulted Maila Bhujal who fell down in the courtyard and when PW 2 protested, he was also assaulted causing injury on his person. As a result of kicking Maila Bhujal sustained injury and when he was removed to hospital on the way he succumbed to the injury whereupon the FIR was lodged by P W-4.