HARI KRISHNA SURI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This jail appeal is directed against the judgment and order, dated 8.9.98 passed by the learned Sessions Judge, Sibsagar, in Sessions Case No.106 (S-S) of 1997, whereby, the accused-appellant, Hari Krishna Suri, was convicted under section 302 IPC and sentenced him to suffer imprisonment for life and also to pay a fine of Rs.2,000/- in default, to suffer imprisonment for 6 months.

(2.) The matter relates to killing of one Romesh Karmakar, on 19.7.97, at Line No.3 of Santak Tea Estate. The deceased was found lying dead in front of the house of the accused-appellant, Hari Krishna Suri, whereupon, an FIR was lodged alleging that the accused appellant has caused the death of the deceased. The accused-appellant was tried in Sessions Case No. 106 (S-S) of 1997 and on conclusion of the trial, the learned Sessions Judge convicted him under section 302 IPC and sentenced him to undergo imprisonment for life and also to pay a fine of Rs.2,000/-, in default, further imprisonment of 6 months.

(3.) In the present case, the death of the deceased, as a result of the injuries sustained, was never challenged and, thus is not in dispute before us.