ABUL KASIM @ KAJAL Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The appellant herein stands convicted under Sec. 302 and 448 of the Indian Penal Code (in short 'IPC') vide impugned judgment and order dated 4.10.2008 passed by the learned Addl. Sessions Judge, (FTC) at Karimganj in Sessions Case No. 14 of 2007. On such conviction, the appellant has been sentenced to undergo Imprisonment for Life and also to pay fine of Rs. 2000.00 with default stipulation of further rigorous imprisonment for one year under Sec. 302, Penal Code. Besides this, fine of Rs. 1000.00 with default sentence of three months rigorous imprisonment has been imposed for offence under Sec. 448 Penal Code. Being aggrieved with the conviction and sentence the sole accused has preferred this appeal.

(2.) We have heard Sri A.M. Mazumdar, learned senior counsel for the appellant and Mr. Z. Kamar, learned additional public prosecutor, Assam. We have also gone through the impugned judgment and sentence, preferred both by the prosecution and the accused in the trial court.

(3.) The investigation was set in motion, on receipt of an FIR, by the husband of the deceased on 29.1.2006, alleging that at 9.30 pm on 25.1.2006 the accused/appellant Abul Kasim @ Kajol trespassed into his dwelling house and attempted to abduct his daughter and when it was resisted by the deceased, the appellant assaulted the deceased and the informant's daughter with a dagger. Immediately the deceased was taken to the Kataltoli Police Watch Post and after reporting the matter verbally, the deceased, in injured condition, was taken to Patharkandi Hospital and finally to Karimganj Civil Hospital, where she succumbed to her injuries on 27.1.2006.