MOHAN LALITA MOHAN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment of conviction and sentence passed by Additional Session Judge, Kamrup. Guwahati in Sessions Case No. 118(K) of 1993. The lone accused Shri Mohan Kalita alias Mohan Deka was convicted under Section 302 I.P.C. and sentenced to imprisonment for life and also to pay a fine of Rs. 5.000/-, in default to undergo rigorous Imprisonment for a further period of 6 (six) months.

(2.) Shri Mohan Kalita was charged and tried for murdering Bhabin Chandra Deka on 25-9-1990 between 9.30 A.M. to 10.30 A.M. at a place known as Ghoraghah within Dagaon village under Rangiya Police Station.

(3.) The prosecution case, as is revealed is that Bhabin Chandra Deka, since deceased had gone to the grazing ground to feed his cattle. At about 10.30 A.M., the villagers found him lying on the cattle-track in an injured condition. While being shifted to Rangiya Civil Hospital, he succumbed to his injuries at a place known as Baihata Chariali. The ejahar further reveals that Shri Mohan Chandra Kalita had assaulted Bhabin Deka (the deceased) with dao, lathi etc. and fled away from the scene. It has been further alleged that the accused wanted to forge a relationship with Smt. Alaka Deka, daughter of the deceased Bhaoin Deka who had warned him for his misconduct. Because of this, the accused is alleged to have committed the crime.