DANDESWAR BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Biswas, learned counsel appearing for the appellant/accused as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent.

(2.) This appeal is preferred against the judgment and order dated 31.03.2018, passed by the learned Sessions Judge, Dhemaji in Sessions Sessions Case No.93 (DH)/2015, whereby the appellant/accused Dandeswar Borah has been convicted u/s.304 Part-II of the IPC and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.1,000/-, in default to undergo further rigorous imprisonment for another one month.

(3.) The prosecution case in brief is that: on 22.07.2014, informant Smti Sanjumoni Borah lodged an ejahar with the Dhemaji P.S., alleging inter alia that on 21.07.2014, at about 8 P.M., the accused persons namely Dandeswar Borah, Smti. Bijumoni Borah, Kan Buragohain and Dipen Borah quarreled with her father Jiten Borah and assaulted him with dao and axe, resulting his death. Accordingly the Dhemaji P.S. Case No.189/2014, u/s.302/34 of the IPC was registered and after completion of the investigation, charge sheet was submitted u/s.302/34 of the IPC, against accused Dandeswar Borah, Smti. Bijumoni Borah and Dipen Borah.