ABDUL SUBHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Medhi and Mr. J. Das, learned counsel, appearing for the appellant. Also Ms. S. Jahan, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.

(2.) By the impugned judgment and order, the learned Sessions Judge convicted the accused-appellant under Ss. 302 IPC and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs.5,000.00 (Rupees five thousand), in default suffer rigorous imprisonment for another period of 3 (three) months. Hence this appeal.

(3.) The prosecution case, in brief, is that on 6/6/1999 at about 8.30 a.m., Abdul Razzak (hereinafter called the 'deceased'), was assaulted by the appellant and his sons causing injury to his person with dao, as a result of which the deceased succumbed to the injuries. The brother (PW 1) of the deceased lodged the FIR (Ext. 1) with the police. On receipt of the FIR, police registered a case, being Ratabari P.S. Case No. 123/1999 under Ss. 302/34 IPC and launched investigation into the matter.