TAHIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G.C. Phukan, learned counsel appearing for the appellant and Mr. K. Konwar, learned Additional Public Prosecutor, Assam.

(2.) In the instant appeal the appellant has assailed the judgment and order dated 27.5.2015 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 123/2009 convicting the accused appellant under section 302 of the IPC and sentencing him to rigorous imprisonment for life and to pay fine of Rs. 10,000/- with a default clause.

(3.) The appellant is the nephew of the deceased. The prosecution case in a nutshell is that on 24.03.2009 at about 12.30 pm when Jubed Ali the father of the appellant was cutting a tree situated at the backside of the house of the deceased within his compound, the deceased protested and an altercation took place between them. At that moment the accused appellant who is the son of Jubed Ali inflicted several dao blows on the head of the deceased as a result of which he sustained grievous injuries and fell down. The daughter of the deceased who was with him at that time was threatened by the accused that if she raised any hue and cry she would also be killed. Hearing the commotion the elder brother of the deceased who was at that time working in his nearby sugarcane cultivation came to the spot and some other neighbours also assembled and initially they took him to his house and thereafter to Golaghat Civil Hospital where he succumbed to the injuries soon after his arrival in the hospital.