JATIN MALLIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Bhaskar Baruah, the learned Amicus Curiae for the appellant and Ms Bornali Bhuyan, the learned Additional Public Prosecutor, Assam.

(2.) This is an appeal directed against the Judgment & Order dated 24.06.2014, passed by the learned Additional Sessions Judge-II, Sonitpur, Tezpur in Session Case No. 47/2014 convicting the accused/appellant under Section 302 of the Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000/- with a default clause.

(3.) The case of the prosecution is that an FIR was lodged on 27.01.2014 by one Sh. Pulin Koch to the effect that on 26.01.2014 at around 10:00 o'clock at night following a simple quarrel, Sh. Jatin Maulik, (the appellant herein) hacked Sh. Jogendra Sharma to death. That Sh. Jogendra Sharma was a person from Bihari Community, lived for about 12 years on a plot of land under Parbatia Panchayat, which was about half of a kilometer away from his house by erecting a temporary shed. Sh. Jogendra Sharma and Sh. Jatin Maulik lived on his plot of land with his permission.