SARBESWAR BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) In challenge is the judgment and order dated 20.12.2006 passed by the learned Sessions Judge in Sessions Case No. 10 (BGN)/06 convicting the accused/appellant under Sec. 302 of Indian Penal Code (for short, hereinafter referred to as 'the IPC') and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000.00, in default, to undergo rigorous imprisonment for another two months.

(2.) We have heard Mr. K. Surana, learned Amicus Curiae for the appellant and Mr. Z. Kamar, learned Public Prosecutor, Assam for the respondent.

(3.) The prosecution case is traceable to the FIR dated 24.10.2002 lodged by Sri Gopal Barman, brother of the deceased Bipin Barman. It disclosed that on 23.10.2002 at about 1.30 p.m. the accused/appellant, also a brother of the deceased assaulted the latter on his head with a hoe, where after, the injured was shifted to the Bongaigaon hospital and later at about 9 p.m. he succumbed to the injury sustained. The informant stated that the reason for the delay in lodging the FIR was the engagement of the entire family in making arrangements for the treatment of the injured and his care.