RAJENDRA CHETRY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Gupta, learned Amicus Curiae for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor for the State respondent No.1.

(2.) This is a jail appeal which arises out of the Judgment passed by the learned Session Judge, Diphu, Karbi Anglong in Sessions case No.705/2009 corresponding to GR case No.705/2007 and Dillai Police Station case No.02/2007, whereby the appellant was convicted under Sec. 302 IPC and was sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5,000.00 in default R.I for 6 (six) months.

(3.) The case of the prosecution in a nutshell, is that an F.I.R. was filed by a Sri Dhruba Chetry on 28/12/2007 to the Officer-in-charge, Dillai Police Station, Karbi Anglong, Assam to the effect that on 28/12/2007 at about 1:00 A.M., Shri Rajendra Chetry of Chunabasti entered their house by breaking the door and trampled his father Tilok Bahadur Chetry, by inflicting grievous injury to him which caused his death and the accused has fled away. After the incident the people of the village captured the said Shri Rajendra Chetry, but he had escaped again. On receipt of the FIR, the Officer-in-Charge, Dillai, Police Station registered the FIR as Dillai P.S. Case No. 02/07 under Sec. 302 IPC dtd. 28/12/2007 at 8:30 A.M.