RAJU DEY @ UDAY DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Choudhury, learned Senior counsel assisted by Mr. P. K. Munir, learned counsel for the appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.

(2.) This appeal under Section 374 (2) of the Cr.P.C., is directed against the judgment and order, dated 15.05.2013, passed by the learned Sessions Judge, Udalguri, Assam in Sessions Case No. 84 (D-U) 2012, whereby the appellant has been convicted under Section 302 IPC and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/- (one thousand), in default of payment of fine, to undergo rigorous imprisonment for 1 (one) month.

(3.) The prosecution case, in brief, is that one Ajit Saha, s/o late Gour Saha, a resident of Bajrajhar (Kalibari) under Udalguri P.S., lodged an FIR on 25.02.2008 with the In-Charge, Rowta O.R, under Udalguri RS. alleging that on 22.12.2008 at about 12.30 am one Tarapad Saha went to call the son of Gobinda Mandal to accompany him to perform guard duty in the village, but having found that he was at the house of the appellant, namely, Raju Dey @ Uday Dey, went to his house to call him for duty. Accordingly, when Tarapad Saha went to his house, the appellant Raju Dey @ Uday Dey assaulted him on his head with a stick causing grievous injury. The injured Tarapad Saha was removed to Gauhati Medical College and Hospital (GMCH) for treatment. In course of treatment at GMCH, Tarapad Saha succumbed to his injuries on 25.12.2008 at about 05.00 pm. It was further stated that as he was tied-up with the medical treatment of the injured, the FIR could not be lodged immediately after the occurrence.