LAKHAN HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant Sri Lakhan Hazarika has been convicted under Section 302 of the Indian Penal Code (herein after referred to as 'IPC') and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 2,000/- with default stipulation, for committing the murder of Dibyajyoti Das.

(2.) THE prosecution case, in brief, is that on 09.11.2007 the deceased Dibyajyoti Das had gone out with appellant and on the next morning his dead body was found hanging by the neck from a bamboo at the outskirts of the village Naosalia. According to the prosecution, the appellant and the deceased were last seen together and in the next morning he was found looking at the dead body and therefore, it is the appellant who had caused the death of the deceased.

(3.) SRI Bharat Chandra Das, who is the father of the deceased, had lodged an ejahar on 10.11.2007 with the Officer-in-Charge of Pulibor Police Station in the District of Jorhat, on the basis of which a case being Pulibor P.S. Case No. 192 of 2007 was registered under Section 302 IPC. The Investigating Officer Sri Imdad Ali Bora had conducted the investigation in the case and thereafter, submitted the charge sheet against the appellant under Section 302 IPC. The trial court had framed charges against the appellant under section 302 of the Indian Penal Code and the matter was then put to trial whereafter, the appellant was convicted for murdering the deceased Dibyajyoti Das and sentenced to life imprisonment.