LAWS(GAU)-2018-11-128

MANTU THAKUR Vs. STATE OF ASSAM

Decided On November 08, 2018
Mantu Thakur Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) We have heard Mr. S.K. Agarwal, learned amicus curiae for the appellant and Mr. R. Baruah, learned Addl. P.P., Assam for the State, who have also taken us through the evidence and materials on record.

(2.) This appeal is directed against the judgment and order dated 30.01.2016 passed by the learned Additional Sessions Judge, Sonitpur, in Sessions Case No. 223/2012. By the said judgment, the accused appellant was convicted under Section 302 IPC and sentenced to rigorous imprisonment for life and fine of Rs. 2,000/- with default stipulation.

(3.) As per the prosecution case, on 29.05.2007 at about 6 O'clock in the evening, Mantu Thakur (accused) inflicted injury to the deceased Bhoda Swargiary by hitting on his head with a dao in course of quarrel over a petty matter. The victim was immediately shifted to hospital, where he succumbed to the injuries. PW-1, Moneswar Swargiary, mother of the deceased lodged the FIR (Ext.3), which was registered as Rangapara P.S. Case No. 98/2007.