SANTOSH KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.

(2.) This appeal is directed against the judgment and order dtd. 24/9/2012, passed by the learned Sessions Judge, Nagaon in Sessions Case No. 207/2000, whereby, the accused/appellant was convicted under Sec. 304 Part-II of IPC and sentenced him to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs.5,000.00 (Rupees Five thousand) in default of payment of fine further rigorous imprisonment for 6(six) months.

(3.) The prosecution case in brief is that on 8/5/1998, at around 8:30 AM, the accused/appellant along with some other persons trespassed into the land of the informant and as per direction of one Bhola Kalita and Rabiram Kalita, the accused/appellant and co-accused Upen Kalita gave blows to Ratulmoni Bora causing grievous injuries on his person. Due to the alleged assault, Khagen Bora also sustained injuries.