PHATIK DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is a jail appeal. Learned advocate Mr. D. Talukdar was appointed as Amicus Curiae. Heard both sides.

(2.) BRIEFLY stated, the prosecution case is that at about 7 p.m. at Mirza Batiapara, one Kandarpa Das was assaulted with a "Tangon" (a piece of wood) resulting in his death. The court below tried appellant/accused after framing charge Under Section 302 IPC and sentenced him to R.I. for 10 years and to a fine of Rs. 2000, in default of fine, to suffer R.I. for another 6 (six) months, by the judgment and order dated 23.3.1998 passed by Additional Sessions Judge, Kamrup, Gauhati, in connection with case No. 82(k -G) of 1991.

(3.) THE defence plea, particularly as per the statements Under Section 313 Cr.PC, is that the appellant/accused assaulted the deceased in self -defence, when the deceased wanted to strike him with an axe, but without any intention to kill him.