PARSHU RAM CHOUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of a judgment dated 17.6.94 delivered by the Sessions Judge, Nagaon in Sessions Case No. 22 (N-H)/93 thereby holding the appellant guilty of offence punishable under section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 1000/- The accused appellant was tried along with 5 others who have since been acquitted of the charge by the trial court.

(2.) Prosecution case as stated in brief was that on 9.9.89 around 5 P.M. the complainant Ramendra Prasad Mallah PW 1 while returning home was abused by ac cused Sew Kumar Choruhan. He reported the incident to his father Bhigunath Mallah PW 2, who questioned accused Sew Kumar Mallah. Thereafter the accused persons surrounded him and started assaulting. The case of the prosecution is that the accused Parasu Chouhan gave a Jathi blow to Harinder Mallah, younger son of PW 2, who died on the spot. PW 2 also sustained injuries in this assault. On completion of investigation the police submitted charge sheet against six named accused persons. They were charged and tried for the above offence. The learned trial court while acquitting the rest has convicted and sentenced the appellant as noted above.

(3.) Heard Mr. J.M. Choudhury, learned counsel for the appellant and Mr. A. Ahmed, learned counsel for the respondent State.