UPEN MILI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Under assailment in this appeal is the judgment and order dated 15.09.2007, passed by the learned Sessions Judge, Lakhimpur in Sessions Case No. 94(NL)/2006.

(2.) The case projected by the prosecution in brief is that on the afternoon of 13.02.2006 after a heated exchange due to some dispute the accused appellant Upen Mili suddenly hit the head of the son of the informant with a piece of brick as a result of which he sustained grievous injuries on his head and succumbed to the injuries on the spot. The written FIR was lodged at about 8.30 am on the next morning with the O/C Lakhimpur Police Station by the father of the deceased on the basis of which Crl. A. No.145 of 2008 North Lakhimpur P.S. Case No.102/2006 u/s 302 of the IPC was registered and on completion of the investigation charge sheet was laid against the accused appellant under the said section.

(3.) The learned Sessions Judge before whom the case came up for trial framed charge u/s 304 II of the IPC to which the accused appellant pleaded not guilty. The prosecution examined 7 witnesses including the IO and the MO to prove the charge against the accused appellant. The accused pleaded that at the relevant time he was not at Jariguri where the alleged occurrence took place.