MANOJ KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, herein, stands convicted under Section 307 and 224 of the Indian Penal Code (hereinafter, referred to as the 'IPC', for short), vide impugned Judgment and Order dated 23.04.2003, passed by the learned Additional Sessions Judge No. 1 (Adhoc), Kamrup, in Sessions Case No. 209 (K) of 2001. On such conviction, the appellant has been sentenced to undergo SI for 10 (ten) years for his conviction under Section 307 IPC and SI for 2 (two) years for his conviction under Section 224 IPC. Being aggrieved with the conviction and sentence, the accused has preferred this appeal.

(2.) HEARD Sri Binod Kumar Singh, learned counsel (Amicus Curiae) for the appellant and Sri K A Mazumdar, learned Additional Public Prosecutor for the State of Assam. We have also gone through the impugned Judgment and the evidence on record.

(3.) THE gist of the prosecution case is that on 27.11.1998, the injured Police Officer along with few other Police personnel went to Village Bhati Jiyakur to apprehend the accused and recover the stolen property in connection with Chaygaon PS Case No. 223 of 1998 under Section 379 of the IPC. While the Police personnel were on way to Bhati Jiyakur Village, they saw the appellant coming from the opposite direction with his hand -cart. Since the appellant was also wanted in connection with Chhaygaon PS Case No. 198 of 1998, he was arrested by the Police Officers and detained in the bus, in which, the Police Officers were traveling. According to the prosecution, it was at about 3:30 am. It is the further case of the prosecution that the bus was stationed near a bridge and the appellant was kept under the surveillance of Home guard Rafiqul Islam (PW -3) and the remaining Police personnel went inside the village to investigate the case of Chhaygaon PS Case No. 223 of 1998. According to the prosecution, the appellants suddenly attempted and assaulted Rafiqul Islam with a 'khukuri' causing lacerated injuries on his head, forehead and other parts of the body and fled away from the scene.