DIFUL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Bhuyan, learned Amicus Curiae, appearing for the appellant. Also heard Mr. K.A. Mazumder, learned Addl. P.P., Assam, appearing for the state respondent.

(2.) This appeal is directed against the judgment and order dated 12.11.2012, passed by the learned Addl. Sessions Judge, FTC, Nagaon, in Sessions case No. 76 (N)/2008. By the impugned judgment and order, the learned Sessions Judge, while convicting the appellant under Section 302 IPC, sentenced him to suffer imprisonment for life and pay fine of Rs. 2,000/ - in default suffer R.I. for one month for his conviction under Section 302 IPC. No separate sentence has been awarded in respect of the conviction under Section 323 IPC.

(3.) The prosecution case, in brief, is that there was a dispute between the informant side and the appellant regarding their land. On 22.04.2006 at about 3 -30 p.m., when the appellant was digging a drain in the said land of the informant (PW -1), his brother Mohan Das @ Dhan Das @ Bulari Das (hereinafter called the deceased) coming to know about the digging of the drain, appeared in the place where the appellant was working and a quarrel took place amongst them. At this, though the appellant attempted to give a dao blow on the chest of PW -4 as the same had fallen on the head of the deceased causing his death. The wife of the deceased i.e. the PW -1, lodged the FIR with the police. On receipt of the said FIR, police registered a case and launched investigation in the case.