PHULSAI GARH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Tewari, learned Amicus Curiae . Also heard Ms. B. Bhuyan, learned Senior counsel as well as Additional Public Prosecutor, Assam assisted by Mr. J. Das, learned counsel appearing for the State/respondent No.1.

(2.) The present appeal has been preferred against the judgment dtd. 18/10/2016 passed by the learned Additional Sessions Judge, (F.T.C.), Lakhimpur, North Lakhimpur in Sessions Case No.63(NL)2015 by which the present appellant, Sri Phulsai Garh was convicted under Ss. 341/326 as well as Sec. 302 of IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000.00 (Rupees ten thousand) only, and in default of payment of fine to undergo further rigorous imprisonment for 6(six) months for the offence punishable under Sec. 302 of IPC. The learned Trial Court held that offences under Ss. 341/326 IPC were found to be established against the appellant beyond reasonable doubt but no separate sentence was imposed as the accused was convicted and sentenced under Sec. 302 IPC.

(3.) Before we appreciate the contentions raised by the learned Amicus Curiae that it cannot be said that the prosecution has been able to prove the charges against the appellant beyond reasonable doubt, it may be necessary to refer briefly the background facts of the case.