The burden of proof lies with the prosecution to establish the guilt of the accused beyond reasonable doubt, and conflicting evidence may lead to the benefit of doubt in favor of the accused.

JUDGMENT :

(Ajit Borthakur, J.)

1. Heard Ms. B. Sarma, learned Amicus Curiae for the appellant as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent.

2. This appeal under Section 374 of the Code of Criminal Procedure ('Cr.P.C.' for short) is preferred against the Judgment and Order, dated 21.07.2017, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 12(J-J)/15 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 7 (seven) years and to pay fine of Rs. 10,000/- (Rupees Ten Thousand), in default, to suffer rigorous imprisonment for 6 (six) months under Section 304, Part II of the Indian Penal Code ('IPC' for short).

PROSECUTION STORY:

3. The prosecution story, in brief, is that on 28.11.2014, one Madhurjya Jyoti Tamuli lodged an F.I.R. at Selenghat Police Outpost alleging, inter-alia, that on 27.11.2014 at about 8 a.m., a quarrel took place between his father, Numal Chandra Tamuli and the accused appellant while his father went to remove one bamboo pole fixed on the road in front of his house. During scuffle, the accused appellant inflicted a blow on the head of the informant's father with a bamboo stick causing serious injury. His father, however, escaped from the place of occurrence and then, he was shifted to Selenghat Primary Health Centre for treatment. Thereafter, while arrangement was being made for shifting him to Jorhat Medical College and Hospital for advanced treatment on 28.11.2014, he succumbed to his injury.

INVESTIGATION & TRIAL:

4. On receipt of the above F.I.R., the then In-Charge, Selenghat Police Outpost forwarded the same to Teok Police Station, where it was registered as Teok P.S. Case No. 387/2014 under Section 302 of the IPC. After completion of investigation, the investigating officer laid a charge-sheet against the accused appellant under Section 302 of the IPC vide Teok P.S. charge-sheet No. 235/2014, dated 06.12.2014. On appearance of the accused appellant before the Court of learned Addl. C.J.M., Jorhat, the case was committed to the Court of learned Sessions Judge, Jorhat for trial. On 21.03.2015, the Court of learned Sessions Judge, Jorhat framed charge against the accused appellant under Section 302 of the IPC. The accused appellant pleaded not guilty and claimed to be tried.

5. In order to bring home the charge levelled against the accused appellant, the prosecution examined altogether 12 (twelve) witnesses. After closing the evidence of the prosecution side, the statement of the accused appellant under Section 313 Cr.P.C. was recorded. The accused appellant pleaded innocent and examined no witness in defence. After completion of trial, the learned Sessions Judge, Jorhat convicted and sentenced the accused appellant under Section 304, Part II of the IPC as stated above.

EVIDENCE:

6. Now, let us look to the evidence on record.

7. P.W. 1, Madhurjya Jyoti Tamuli is the informant in the case. His version is that the occurrence took place on 27.11.2014 at about 8 a.m. At that time, he was present at their house and his father was on the road working for removal of a bamboo pole with bare hands. Suddenly, the accused appellant came along with his son Raju Tamuli and another relative and chased after him with a bamboo stick. The accused appellant and his son assaulted P.W. 1/informant's father on his head with a piece of bamboo. This incident was witnessed by the informant. Witnessing the incident, P.W. 1/informant rushed towards the spot and then, they chased after him too. The bamboo pole was tied with an electric pole belonged to the ASEB. The elder sister of P.W. 1/informant narrated the whole incident before the Gaonburha and thereupon, the latter informed the incident to police. When police arrived at the spot, P.W. 1/informant took his father to Selenghat Primary Health Centre on his motorcycle. After treatment in the said Primary Health Centre, the victim was taken back to his house in an ambulance. The attending doctor ad