HAREKRISHNA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred against the judgement dated 10.03.2017 of the Court of Additional Sessions Judge, Barpeta, passed in Sessions Case No. 31/2009 by which the present appellant was convicted for committing an offence under Section 302 IPC and sentenced to imprisonment for life with a fine of Rs.1000.

(2.) A First Information Report (FIR) was lodged on 04.07.1997 at around 3.30 pm by Sri Tarani Chandra Das, the brother of the deceased person, late Satish Chandra Das, alleging that at around 8.30 pm on 03.07.1997 when the said deceased was returning home from his shop and reached the courtyard of the complainant, the appellant and three others armed with deadly weapons, struck his brother from his back with an axe as a result of which he sustained grievous injury. It was also alleged that after the appellant had dealt the axe blow to him, the other accused persons started beating him on various parts of his body with iron rods which they were carrying. It has been also alleged that the accused persons tore his wearing apparels and looted his money as well. It was also stated that on hearing hue and cry, people came out and asked them as to why they were assaulting him. Thereafter, the accused attempted to assault them. The injured person was taken to Barpeta Civil Hospital and thereafter, to Guwahati for treatment.

(3.) Based on the aforesaid FIR, a police case being Barpeta P.S. Case No. 369 of 1997 was registered under Section 447/326/379/34 IPC. It may be noted that at the time of lodging of the FIR, the victim was undergoing treatment and he succumbed to injury a few days later on 07.07.1997 and later, offence under Section 302 IPC was added.