BABRUBAHAN JAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence awarded by the learned Addl. Sessions Judge, Dibrugarh in Sessions Case No. 140(T) of 1982.

(2.) The accused-appellant Babrubahan Jal faced the trial u/S. 302/338/354 I.P.C. and the Addl. Sessions Judge found him guilty u/S. 302/448 I.P.C. and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1000.00 in default to rigorous imprisonment for 3 months for the charge u/S.302 I.P.C. and also to pay a fine of Rs.100/ - in default to rigorous imprisonment for one month for the charge u/S. 448 I. P.C.

(3.) The case of the prosecution in brief is that on 8-3-82 at about 8-30 p.m. accused Babrubahan entered the kitchen of the complainant Sumitra with a knife and a lathi when she was taking meal and enquired whereabout of her son and youngest brother-in-law. He told her that he came to take vengeance of his brother's assaults and when Sumitra assured him to settle the matter, he threatened her to outrage her modesty and dragged her out from the Kitchen. Kusha, the younger brother-in-law of Sumitra was present at the incident and resisted the accused and then the accused inflicted the knife in his abdomen and fled away. Sumitra filed First Information Report on the next day and Kusha succumbed to his injury after two days.