LAKHESWAR BARUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Jail appeal has been directed against the impugned judgment and order dated 12.1.2000 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 71(T) of 1996 convicting the accused appellant under Section 304 Pt -II IPC and sentencing him to suffer rigorous imprisonment for 7(seven) years and to pay a fine Rs. 500/ -, in default to further imprisonment for 2 (two) months.

(2.) I have heard Ms. Rita Borbora, learned Amicus Curiae and Mr. P.C. Gayan, learned P.P. Assam.

(3.) DURING the trial the prosecution examined as many as 8(eight) witnesses including the doctor Rupak Kumar Gogoi, P.W. 6. On proper consideration and appreciation of the evidences so adduced on behalf of the prosecution, the learned Judge found that the offence committed by the two accused persons did not fall under Section 302 IPC but fell under Section 304 Pt -II IPC holding that the said offence was culpable homicide not amounting to murder and accordingly both the accused including the appellant were convicted under Section 304 Pt -II IPC. But considering the age of the other accused namely Badan Baruah the learned Sessions Judge granted him the benefit of Section 360 Cr.P.C. and released him under probation of good conduct for two years on execution of bond of Rs. 10,000 with one surety of the like amount.