P.K.SAIKIA, RUMI KUMARI PHUKAN
Chutu Gorh @ Sunil – Appellant
Versus
State of Assam – Respondent
P.K. Saikia, J.
This appeal is directed against the Judgment dated 18.08.2012, rendered by the learned Sessions Judge, Tinsukia in Sessions Case No.17(T) of 2011 convicting appellant herein, namely, Sri Chutu Gorh @ Sunil of offence U/s. 302 IPC and sentencing him to imprisonment for life and also to pay a fine of Rs. 5,000/- ,in default, S.I. for another period of 6(six) months for the aforesaid offence.
2. Being aggrieved by and dissatisfied with the aforesaid judgment, the appellant herein has preferred this appeal from jail citing several infirmities in the judgment under challenge.
3. We have heard Ms. B.Gogoi, learned Amicus Curiae appearing for the appellant. Also heard Mr. K.A.Mazumder, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.
4. The brief facts, necessary for disposal of the present appeal are that on 20.12.2009 at about 6.00 p.m. Ananda Koiri (since deceased) Teru, Ganesh Koiri were sitting around the hearth in their courtyard of one Kalia Koiri (PW 2) enjoying warmth of it. PW 2 happens to be the brother of the deceased. Suddenly, the appellant herein along with one Puklu came to such place and started inflicting several dao blows
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