(1.) This criminal appeal has been preferred against the judgment and order dated 07.09.2004 passed by the learned Sessions Judge, Karimganj, in Sessions Case No.18/2003 convicting the accused appellant under Sec. 304 (Part II) of the Indian Penal Code (for short, IPC) and sentencing him to undergo Rigorous Imprisonment (RI for short) for 4(four) years and to pay a fine of Rs. 1000.00 under Sections 148/149 of the IPC, in default to undergo Simple Imprisonment for three months for each of the offences with the sentences running concurrently.
(2.) I have heard Mr. J Roy, learned counsel assisted by Mr. S Borthakur, Advocate appearing for the appellant. Also heard Mr. K Munir, learned Additional Public Prosecutor, Assam.
(3.) The facts of the case briefly stated are as follows: