JUDGMENT

Date : 21-09-2023

1. Heard Mr. B.M Choudhury, learned counsel for the appellant.

Also heard Mr. D Das, learned Addl. PP, Assam.

2. The present appeal is directed against the judgment and order dated 21.01.2012 passed by the learned Additional Sessions Judge, Jorhat in Sessions case No.80(J-J)/2005, convicting the accused appellant for offence under sections 307 IPC and sentencing him to suffer simple imprisonment for 5 (five) years and further directed to pay compensation of Rs.20,000 to be given to the victim and in default of payment of compensation to undergo further SI for another 6 months.

3. The prosecution case, in a nutshell is that the younger brother of the informant (the victim) had been residing in a rented house of accused appellant Kamal Baruah. On the previous night of the lodging of the FIR, the son of the accused informed him that the younger brother of the informant has been lying in their bathroom in an injured condition. On being informed, the informant rushed to the accused person’s house and found that the said house is crowded by police officials and neighboring people. The informant further alleged that he also noticed the police personal shifting the