SUA GOWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is directed against the judgment and order dated 29.9.2003 passed by the learned Additional Sessions Judge, Jorhat, in Sessions Case No. 102(J-J)/2000 convicting the appellant accused under Section 302 of the Indian Penal Code ('the Code') and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2,000 in default to undergo rigorous imprisonment for another three months.

(2.) Following the conclusion of the arguments and the decision contemplated by this Court, by order dated 25.1.2010 the appeal was partly allowed by converting the conviction of the appellant accused to one under Section 304, Part-II of the Code and limiting his corporal punishment to the period already undergone by him on that date. The sentence of fine was also set aside. This reasoned judgment follows in terms of the said order.

(3.) We have heard Ms. A. Devi, learned amicus curiae and Mr. K. Mazumdar, learned Public Prosecutor, Assam.