SENEHI BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P.B. Bordoloi, learned Amicus Curiae appearing for the appellant. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(2.) This jail appeal is preferred against the judgment and order, dated 05.03.2018, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 120(JJ)/2011, whereby the appellant is convicted under Section 304, Part-II of the IPC and sentenced to undergo R.I. for 7 years and to pay fine of Rs. 15,000/- in default to suffer R.I. for 3 months.

(3.) The prosecution case, in a nutshell is that one Biplab Gogoi lodged an F.I.R. on 20.07.2011 before the In-charge of Panikheti Out Post under Borholla P.S. alleging, inter-alia, that on that day at about 8 p.m., while his maternal uncle Amulya Borah, who is the husband of the accused Senehi Borah alias Gereli was returning to his house in an inebriated condition, an incident of altercation with the accused took place and thereupon, her husband Amulya assaulted her. Being enraged at it, the accused, in turn, dealt dao blows over the head and neck of Amulya Borah and as a result, he succumbed to his injuries in his house itself.