HARKA BAHADUR SUBBA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant herein stands convicted u/s 302 IPC vide impugned dated 17.8.2010 passed by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No.133 of 2005. After convicting the appellant for the offence of murder he has been sentenced to undergo Imprisonment for Life and also to pay fine of Rs.5000/ -(Five Thousand) with default stipulation of further rigorous imprisonment for six months. Being aggrieved by the conviction and sentence the accused has preferred this appeal from jail.

(2.) WE have heard Sri PK Talukdar, learned Amicus Curiae for the appellant and Smti S Jahan, learned Additional Public Prosecutor for the State. Also gone through the evidence on record.

(3.) PWS -3 and 4 are the sons of the deceased. They saw the appellant assaulting their father. PW -2 is a witness in whose compound the incident took place. This witness had also stated that she saw the appellant standing near the deceased and attempting to assault him again.