Judgment

Dr. Arijit Pasayat, J. —

1.In this appeal challenge is to the Judgment of a learned Single Judge of the Guwahati High Court partially allowing the appeal filed by the appellant. Learned District and Sessions Judge, Kamrup in Sessions Case No.15/K-G/88 convicted the appellant for offence punishable under Section 304 Part I of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.200/- with default stipulation.

2.By the impugned Judgment, learned Single Judge altered the conviction to Section 304 Part II IPC and sentenced the appellant to undergo RI for 5 years.

3.Background facts in a nutshell are as follows :

On 14.9.1986 at about 8.00 p.m. an FIR was lodged by one Abbash Ali (PW-1) before the Officer-in-Charge, Bharalumukh Police Station mentioning therein that about 9.30 a.m. on that day the accused Asraf Ali assaulted Khairul Hoque, son of Nazim Ali with a piece of wood as a result of which said Khairul Hoque (hereinafter referred to as the ‘deceased’) sustained injuries on his head. The injured was removed to the Gauhati Medical College Hospital where he succumbed to injuries at about 5.30 p.m. P