DILIP KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.02.2011 rendered by Sessions Judge, Jorhat, Assam in Sessions Case No. 61(JJ) of 2008 convicting the appellant Dilip Karmakar of offence u/s. 302 IPC and sentencing him to suffer imprisonment for life and to pay fine of Rs. 5,000/- (Rupees Five Thousand), in default R.I. for another 3 (three) months for offence u/s. 302 IPC. Being aggrieved by the aforesaid judgment, the appellant, Dilip Karmakar (hereinafter referred to as accused person) preferred this appeal from jail citing several infirmities in the judgment under challenge.

(2.) We have heard Mr. M. Choudhury, learned Amicus Curiae appearing for the appellant and Mr. D. Das, learned Addl. Public Prosecutor, appearing for the State.

(3.) The projected case of the prosecution is that on 17.02.2008, one Ramesh Majhi of Balijan Tea Estate under Deberapar Police Outpost was found lying dead near on a ridge in Section 18 of the Balijan Tea Estate. He was found sustaining penetrating wounds on his abdomen. In that connection, an FIR was lodged by his brother Biswa Majhi with I/C Deberapar Police Outpost on 18th of February, 2008.