(1.) Heard Mr. S.K. Jain, learned counsel for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State.
(2.) This appeal is directed against the judgment and order passed by the learned Sessions Judge, Barpeta in Sessions Case No. 98/2008, whereby, the learned Sessions Judge convicted the appellant under Section 302 I.P.C. and sentenced him to undergo simple imprisonment for life and fine of Rs. 5,000/- with default stipulation.
(3.) The prosecution case in a nutshell is that on 23.02.1999, Nasir Uddin, the father of the informant Hasan Ali was irrigating the cultivable land by pumping machine, which was installed in the field. Accused Jalal Uddin stopped the machine forcibly, whereupon altercation took place between Jalal Uddin and Jakir Hussain (P.W.2), brother of the informant. At that point of time, accused Jamal Uddin came and caught hold of Jakir Hussain. When, Nasir Uddin (deceased) asked them not to quarrel, Jalal Uddin hit Nasir Uddin on his head by a bamboo stick, causing injury to Nasir Uddin. Though Nasir Uddin was initially shifted to hospital, he succumbed to the injury. On the next day, the FIR (Ext.-1) was lodged by the P.W.1, on the basis of which police registered the Barpeta P.S. Case No. 128/1999 under Section 325/302/34 I.P.C. and on conclusion of the investigation laid charge sheet against Jalal Uddin and Jamal Uddin under Section 302 I.P.C. read with Section 34 of the I.P.C.