SONTOSH BAILUNG Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant herein stands convicted under Section 304 Part-I of the Indian Penal Code vide judgment dated 18.9.2012 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 60(DH) of 2007. After convicting the appellant he has been sentenced to undergo Rigorous Imprisonment for 10 years and also to pay fine of Rs. 10,000/- with default stipulation further RI for one year. Being aggrieved by the conviction and sentence the accused has preferred this appeal from jail.

(2.) HEARD Mr. M. Biswas, learned Amicus Curie for the appellant and Mr. BJ Dutta, learned Addl. PP, Assam. Also gone through the impugned judgment and the prosecution evidence.

(3.) THE FIR was lodged on 5.1.2006 by the father of the deceased alleging that 4/5 unknown persons had assaulted his son with sharp weapon. Initially, Silapathat PS Case No.3 of 2006 under Section 341/326/307/34 of the Indian Penal Code was registered. Subsequently, Section 302 of the IPC was added after the death of the victim. After completion of the investigation the appellant was charge-sheeted and after the trial he has been convicted under Section 304 Part ­I of the IPC.