RABILAL GOALA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction dated 10/07/2012 of the learned Additional Sessions Judge, Cachar, Silchar in Sessions Case No. 15/09, by which the accused appellant has been convicted for the offence punishable under Section 304(II) IPC. Upon such conviction he has been sentenced to undergo R.I. for 3 years with fine of Rs. 3,000/- and in default to undergo S.I. for further one month.

(2.) According to the prosecution case, on 21/11/2008 at about 7-8 p.m. the accused appellant murdered the deceased at Tarapur Grant village by assaulting him with a bamboo stick in the course of scuffle that ensued between the two occasioned by the deceased's act of stealing the paddy of the accused. Ext. 2 is the FIR that was lodged by PW-2. Police conducted inquest over the dead body and arrested the accused appellant and seized the articles i.e. the bamboo stick and one nylon bag vide Ext. 1 seizure list. Post-mortem was conducted at Silchar Medical College and Hospital. Ext. 3 is the post mortem report submitted by the Medical Officer (PW-5).

(3.) On completion of the investigation, charge sheet was submitted under Section 302 IPC and in due course charge was framed against the accused appellant under the said section. On being read over and explained the charge, the accused appellant pleaded not guilty and claimed to be tried.