PINKY DUTTA Vs. STATE OF ASSAM AND ANOTHER

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dated 21-04-2015, passed by the learned Additional Sessions Judge, Jorhat, in Sessions Case No. 81(J-J) of 2013, convicting the accused/appellant under Section 304 Part-II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years and also to pay a fine of Rs. 1,000/-, in default, further rigorous imprisonment for a period of two months.

(2.) I have heard Mr. N. Dutta, learned senior counsel, assisted by Mr. D. Talukdar, learned counsel appearing on behalf of appellant and Ms. S. Jahan, learned Additional Public Prosecutor, Assam, for opposite party No. 1.

(3.) The prosecution case, in short, is that one Sri Dimbo Bora, SBO, Jorhat Electrical Sub-Division-1 was assaulted, causing injury by Sri Pinku Dutta, who was an employee of Jorhat ESD-II, APDCL, on 208.2011 at Garmur Control Room, APDCL, Garmur, during working hours. Sri Dimbo Bora, was taken to Jorhat Civil Hospital and after treatment for half an hour, he was declared dead by the doctors of the said hospital. The informant, Arindom Noukakhi, lodged an ejahar in respect to the said occurrence with the Jorhat Police Station. Jorhat Police registered a case, being Jorhat Police Station Case No. 586/11, under section 302 IPC and after completion of investigation and observing all required formalities, police submitted charge-sheet against the accused/appellant under section 302 IPC.