RAJEN BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. S.K. Nargis, learned Amicus Curiae and Mrs. B. Bhuyan, learned Additional Public Prosecutor.

(2.) This appeal is directed against the judgment and order passed by learned Sessions Judge, Udalguri in Session Case No. 124(U)/2014, whereby, the learned Sessions Judge convicted the accused-appellant under Section 302 I.P.C. and sentenced him to rigorous imprisonment for life and fine of Rs. 5,000/- with default stipulation.

(3.) The prosecution case in brief was that on 11.07.2014, a quarrel took place between Bodu and Gabla. On the same day, evening, when Bodu and his wife went to the house of Gabla to settle the matter, again quarrel took place between them and in course of the quarrel, Gabla struck Bodu on his head with a hammer. As a result of which he sustained grievous injury. On the following day, he was taken to Guwahati Medical College Hospital for treatment. However, on 16.07.2014, Bodu (deceased) succumbed to the injuries. Thereafter, FIR was lodged on 17.07.2014 by Balen Basumatary (P.W.4). On the basis of the said FIR, Police registered Mazbat P.S. Case No. 35/2014 under Section 302 IPC and on completion of investigation, submitted charge sheet against the accused-appellant under Section 302 IPC.