ASHIM KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Deka, learned counsel for the appellant. Also heard Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam.

(2.) This appeal is preferred against the judgment and order dated 17.10.2011 passed by the learned Additional Sessions Judge, Kamrup, Guwahati in Sessions Case No. 390(K)/2007 convicting the appellant under Section 302 IPC and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/ -.

(3.) The appellant is accused of committing murder of Hemanta Patowary, who is a co - villager of the appellant. The date of occurrence is 8.00 P.M. of 2.12.2006 and the ejahar (Ext. 1) was lodged on that very day itself at 10 P.M. by PW 1, Niranjan Patowary, who is the brother of the deceased. The scribe of the Ejahar (Ext. 1) was PW 5 Prabhat Kalita.