ANIL GOWALLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard Mr. R.M. Choudhury, learned amicus curiae, for the appellant and Mr. K.A. Mazumder, learned Addl. P.P., Assam.

(2.) This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973, preferred against the judgment & order dated 15.11.2011 passed by the learned Sessions Judge, Sivasagar, in Sessions Case No. 182(S-C) 2008, convicting the accused Anil Gowalla under Section 302 I.P.C. and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5000/- (Rupees five thousand) and in default of payment of fine, to suffer rigorous imprisonment for 6(six) months more.

(3.) The accused faced the trial, from behind the bar and has also preferred the appeal from inside the jail and accordingly, the appeal was registered. The prosecution case, in nut-shell, is that, one Sri Chamru Garh lodged an ejahar before the O/C Borhat Police Station that the appellant intentionally caused death of Anil Garh on 15.09.2008 at about 9.00 P.M. At about 9 P.M. when deceased Anil Garh was returning home through Lakhmijan Tea Garden after loading of green tea leaves in the vehicle. On that day, prior to occurrence, an altercation took place between the deceased Anil Garh and accused Anil Gowalla on a simple matter. The appellant dealt a Khukuri blows on the abdomen and other parts of the body of Anil Garh and, as a result of the injuries, the victim succumbed to the injuries. On the basis of the ejahar, a case was registered as Borhat Police Station Case No.55/08 under Section 302 IPC. The Investigating Police Officer visited the place of occurrence and made an inquest on the dead body of Anil Garh and send the dead body for post-mortem examination to Sivasagar Civil Hospital. The investigating officer recorded statement of the witnesses and also seized the weapon of assault i.e. Dao on being produced by the accused which was concealed in his dwelling house. A sketch map was also drawn of the place of occurrence. After completion of the investigation, charge-sheet was submitted against the appellant under Section 302 I.P.C. for causing death of Anil Garh.