PRADIP HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Rs.Gogoi, learned Amicus Curiae, appearing for the appellant and Ms. B Bhuyan, learned Additional Public Prosecutor, Assam.

(2.) This jail appeal is directed against the judgment and order dated 20.07.2017 passed by the learned Sessions Judge, Nagaon in Sessions (T1) Case No.484(N)/2013. By the said judgment, learned Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to imprisonment for life and a fine of Rs.5,000/- with default stipulation.

(3.) As per prosecution case, on 01.07.2013 at about 7.00 am., while the victim Jayanta Das was going to shop, the appellant Pradip Hazarika assaulted him with a rod causing injuries, to which he succumbed immediately. An FIR was lodged by the Pw-1 Prashanta Das, on the basis of which police registered Kampur PS Case No.143/2013 under section 302 IPC and on conclusion of investigation submitted charge-sheet against the accused/appellant under section 302 IPC.