B.D.AGARWAL, J. - (1.) THE appellant herein stands convicted u/s 302 IPC vide impugned dated 17.8.2010 passed by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No.133 of 2005. After convicting the appellant for the offence of murder he has been sentenced to undergo Imprisonment for Life and also to pay fine of Rs.5000/ -(Five Thousand) with default stipulation of further rigorous imprisonment for six months. Being aggrieved by the conviction and sentence the accused has preferred this appeal from jail.
(2.) WE have heard Sri PK Talukdar, learned Amicus Curiae for the appellant and Smti S Jahan, learned Additional Public Prosecutor for the State. Also gone through the evidence on record. Apparently, both the deceased and the appellant are co -villagers living nearby. The prosecution story is that the deceased had lost a notebook wherein a sum of Rs.100/ - was also kept by the deceased. The notebook was lost by the deceased somewhere and it was subsequently found out by the appellant. Thereafter, the appellant demanded a sum of Rs.5/ - from the deceased while handing over the notebook with a 100 rupees note. But the deceased refused to pay even a small amount of Rs.5/ -. Hence, an altercation took place which prompted the appellant to pick up a firewood and the appellant assaulted the deceased with the firewood upon the deceased's head. As a result of the assault the deceased sustained a fracture on his head.
(3.) PWS -3 and 4 are the sons of the deceased. They saw the appellant assaulting their father. PW -2 is a witness in whose compound the incident took place. This witness had also stated that she saw the appellant standing near the deceased and attempting to assault him again.;