HAREN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 21.6.2007, passed by the learned Additional Sessions Judge (FTC), Barpeta, in Sessions Case No. 40/2006. By the impugned judgment and order, the learned Addl. Sessions Judge, FTC convicted the appellant for the offence under Section 304 Part-II IPC and sentenced him to suffer rigorous imprisonment for 7 years and pay fine of Rs. 2,000/- in default suffer rigorous imprisonment for 2 months for the offence under Section 304 Part-II IPC.

(2.) Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

(3.) The occurrence took place on 12.8.2004 at about 7.00 pm in the residence of Sri Nripen Das (PW 3). On the fateful evening, the appellant along with the Sri Sailesh Das visited the house of Sri Nripen Das, the younger brother of the appellant, namely Sri Rabi Das (hereinafter called, "the deceased") also joined them. Soon after arrival of the deceased in the house of Sri Nripen Das, the appellant asked him as to why he (deceased) had scolded the son of the appellant. At this a quarrel had taken place between the appellant and the deceased and the appellant had inflicted blows on the back side and head of the deceased with a Pira (wooden stool), as a result of which the deceased had fallen down in the courtyard. There was bleeding from the left side of the deceased and he was shifted to the hospital for treatment. While undergoing treatment, the deceased, on 19.8.2014, succumbed to the injuries, sustained by him.