SRI BUDHESWAR KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant has challenged the judgement and order dated 20/07/2012 passed by the Court of learned Sessions Judge, Sivasagar in Sessions Case No. 71(S-S)/2009, by means of which he was convicted under section 302 of the Indian Penal Code for committing murder of Biswanath Garh and sentenced him to imprisonment for life with fine of Rs. 5000.00 with default stipulation.

(2.) The prosecution case in brief is that on 18/09/2007 at about 9 p.m., the appellant Budheswar Karmakar had dealt blows with lathi on the head of the deceased Biswanath Garh near the gate of his house causing grievous injuries. The injured Biswanath Garh was immediately rushed to the Amguri Tea Estate hospital, where after the doctor had referred him to Sivasagar Civil Hospital for treatment. However, the injured had expired at about 10 a.m. on the following day while undergoing treatment at the Sivasagar Civil Hospital.

(3.) An ejahar was lodged with the Officer-in-Charge of the Halwating Police Station on 19/09/2007 by Chitra Garh, the brother of the deceased, based on which Halwating P.S. Case No. 40/2007 was registered under Sec. 302 of Indian Penal Code. Inquest on the dead body of the deceased Biswanath Garh was done by the Police and postmortem was also conducted at the Sivasagar Civil Hospital. The Police had seized the weapon of offence i.e. a bamboo lathi. After completing the investigation, a charge sheet was submitted against the appellant under Sec. 302 of Indian Penal Code. By the impugned judgement and order dated 20/07/2012, the Sessions Judge, Sivasagar convicted the appellant under Sec. 302 of Indian Penal Code for committing murder of the deceased Biswanath Garh and thereafter sentenced him to life imprisonment along with the fine as mentioned above.