JOGEN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Jogen Saikia has been convicted under Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life with fine and default stipulations for causing the death of Suren Dutta.

(2.) According to the prosecution case, on 15.11.2007 at about 7 P.M., the appellant assaulted and caused grievous hurt on Suren Dutta in the appellant's courtyard whereupon Suren Dutta was taken to Sivasagar Civil Hospital and then to Assam Medical College & Hospital, Dibrugarh where he died after eleven day stay in the said hospital. Ejahar in the case was lodged by Padmeswar Dutta (PW-1) on 16.11.2007 before the Gaurisagar Police Station. A police case, being Gaurisagar P.S. Case No. 78/2007, was registered against the appellant under Sections 341/325 Penal Code. Investigation of the case commenced, memos were drawn, autopsy was conducted on the person of Suren Dutta, statements of witnesses were recorded. Upon completion of the investigation of the case, during which time Suren Dutta died at the Assam Medical College & Hospital, Dibrugarh on 30.11.2007, Charge Sheet against the appellant was submitted under Sec. 302 Penal Code. The case was committed to trial and formal charge under Sec. 302 Penal Code was framed against the appellant.

(3.) To bring home the guilt of the appellant, the prosecution examined as many as 10 (ten) witnesses including the Medical Officer who conducted the autopsy as well as the Investigating Officer of the case. The appellant was also examined under Sec. 313 CrPC.