SUKESH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. P. Kataky, learned Amicus Curiae and Mr. B. B. Gogoi, learned P. P. , Assam.

(2.) THE conviction under Section 302 IPC and the sentence to undergo imprisonment for life and to pay a fine of Rs. 20,000/-, in default, rigorous imprisonment for a further period of four months so imposed upon the appellant by the learned Sessions Judge, Cachar at Silchar by his judgment and order dated 20. 9. 2002 passed in Sessions Case No. 11/99 is the subject matter of challenge in this Criminal Appeal preferred by the appellant from the jail.

(3.) THE prosecution case in brief is that on 23. 3. 97 one Khil Pasmon Khasia was returning from Amarghat Market at about 9 p. m. There was a hue and cry at a place situated by the side of Kalakhal Bridge. On hearing the hue and cry, the nearby people rushed to the said place and found Khil Pasmon Khasia lying on the ground with multiple injuries upon his person. On the following morning he was removed to Silchar Medical College Hospital where at about 10 a. m. he succumbed to his injuries. To that effect Smt. Enbare Khasia, wife of the deceased Khil Khasia lodged an FIR with the Officer-in-Charge, Sonai Police Station on 25. 3. 97. The police registered a case under Sections 302/34 IPC.