BIDYA SAGAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.02.2001 passed by the learned Sessions Judge', Sivasagar in Sessions Case No. 90(S-C)/99 convicting the appellant Sri Bidya Sagar Das under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default to further rigorous imprisonment for three months.

(2.) We have heard Ms. M. Dev, learned amicus curiae appearing on behalf of the appellant and Mr. D. Das, learned Public Prosecutor, Assam.

(3.) P.W. 1 Sri Gogon Chandra Gogoi lodged an ejahar before the Officer-in-Charge, Borhat Police Station on 13.11.94 informing that at about 9 p.m. that night while he alongwith some other persons were sitting at the shop of Sri Kamala Sonowal at Borhat, Sri Bhupen Gogoi, a resident of village Barpathar came and informed them that Sri Priyolal Chetia, a resident of the same village had been lying with grievous injuries on his body on the verandah of Sri Rahini Gogoi's shop. The informant along with others went there and saw Priyolal Chetia lying dead with injuries in different parts of his body. Later, he came to know that Sri Bidya Sagar Das, a resident of village Naram Pathar had killed Priyolal Chetia by hitting him with sharp weapon.