JOLEN SOBER ACCUSED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.R. Pathak, the learned counsel for the appellant and Mr. P. Bora, the learned P.P.

(2.) The appellant before us was tried by the Sessions Judge, Tinsukia in Sessions Case No. 154(T)/92 (GR Case No. 565/92) for the commission of offence under Section 302, IPC and on conclusion of the trial, he was convicted under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000/- in default further imprisonment for two years . Hence, the present appeal.

(3.) The prosecution allegation in short is that the accused-appellant Jolen Sober and the deceased Mangua Paharia are both employees of Dinjan Tea Estate and residing in Dighlijan Labour Line. As a matter of fact. both were also next-door neighbours sharing two parts of the same house. On the illfated day on 20-4-92 when the wife of the deceased was waiting for her husband, the accused and the wife of the deceased had some altercation and when the deceased husband returned back, the wife of the deceased complained the matter. Thereafter the deceased intervened and assaulted the accused. After some time the accused entered into his house and brought out a dao and hacked the deceased to death.