MONORANJAN BORO Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. B.P. Sinha, learned counsel appearing for and on behalf of the appellant/convict as well as Mr. D. Das, learned Addl. P.P., Assam, representing the State/respondent. None is present for and on behalf of the respondent No.2.

(2.) The present appeal is preferred against the judgment and order dtd. 6/8/2018, passed by the Sessions Judge, Kamrup at Amingaon in Sessions Case No.45/2016, whereby the present appellant has been convicted u/s.304 Part-I IPC, to undergo rigorous imprisonment for seven years and to pay fine of Rs.2,000.00, in default rigorous imprisonment for one month.

(3.) The appellant is the younger brother of deceased Punya Boro. On 18/1/2016, at about 9 P.M., while the deceased Punya Boro was having dinner with his younger brother Nipu Boro, there was a quarrel between the accused and the deceased and the deceased assaulted the accused. Subsequent thereto, the deceased was found lying in an injured condition in the courtyard of Nipu Boro and while he was taken to the hospital, he succumbed to his injuries. One brother of the deceased namely Dinesh Boro filed the FIR before the O.C. of Boko Police Station on 19/1/2016, stating about the incident. Accordingly the Boko P.S. Case No.35/2016, u/s.302 IPC was registered and after due investigation of the matter, the police submitted charge sheet against the accused/appellant u/s.302 IPC.