AJIT BORAIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 31.05.2004 passed by the learned Addl. Sessions Judge No. 2, Sivasagar, in Sessions Case No. 37 (S-C) 02 (New), has been challenged by this appeal filed by the Appellant from the jail. By the impugned judgment and order aforesaid, the accused-Appellant was convicted by the learned trial Judge for the offence punishable under Section 302 IPC and, accordingly, he was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for another period of one year.

(2.) We have hoard Mr. R.K. Adhikary, learned Amicus Curie appearing on behalf of the Appellant and Mr. Z. Kamar, learned Public Prosecutor appearing for the State of Assam.

(3.) The prosecution case, in brief, as unfolded during the trial, is as follows: