AMAR KUMAR HAZARIKA @ MAJUBHAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Amar Kumar Hazarika @ Majubhai has been convicted under Sec. 302 of the Indian Penal Code for causing death of Rajib Bora and sentenced to undergo imprisonment for life with fine and default stipulations.

(2.) According to the prosecution case, on 26.10.2011, at about 8 P.M. the appellant voluntarily caused hurt on the head of Rajib Bora by means of a heavy substance causing serious injuries. Rajib was taken to Golaghat Civil Hospital in 108 Ambulance and he succumbed to injury on the very next day i.e. 27.10.2011 at around 7.30 A.M.

(3.) Ejahar (Ext-2) in the case was lodged by Sri Jogendra Nath Saikia (PW-2) before the Dergaon Police Station on 27.10.2011 stating that on 26.10.2011 at about 8 P.M. his grandson Rajib Bora had gone to village Hanhpani and on reaching the road near the house of one Umesh Gogoi, the appellant dealt blow on the head of his grandson with heavy object causing grievous injury. Although the injured person was immediately taken to the hospital by 108 Ambulance, he succumbed to the injuries the following morning at about 7.30 A.M. On the basis of the said ejahar, which was registered as Dergaon Police Station Case No.252/2011 under Sec. 302 IPC, Hem Kanta Nath (PW-10) was entrusted with the investigation of the case. The appellant was apprehended, post mortem examination was performed on the dead body, necessary memos were drawn and statements of witnesses were recorded. Upon completion of investigation, Charge Sheet was submitted against the appellant under Sec. 302 Penal Code. The case was committed to trial.