JAGANATH TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) JUDGMENT & ORDER (ORAL) This appeal is directed against the judgment and order dated 05.02.2010 passed by the learned Additional Sessions Judge, (FTC) Sivasagar, Circuit Court, Charaideo, Sonari in Sessions Case No.7(S -C)/2007, whereby and whereunder the accused appellant was convicted under Section 304 Part II IPC and sentenced to undergo rigorous imprisonment for 7(seven) years with fine of Rs.1000/ - (Rupees One Thousand) only in default rigorous imprisonment for another 3(three) months.

(2.) I have heard Ms. D Borgohain, learned Amicus Curiae appearing for the appellant. Also heard Ms. A Begum, learned Additional Public Prosecutor, Assam for the State respondents.

(3.) ON receipt of the ejahar, Namtola Police made a GD Entry and sent the same to Sonari Police Station for registering a case. Accordingly, Sonari Police Station registered a case being Sonari P.S. Case No.8/2006 and started investigation. During investigation, police recovered the weapon of assault, which was handed over by the wife of the accused, visited the place of occurrence, recorded the statement of the witnesses, arrested the accused who appeared in the Police Station and after collecting the post mortem report submitted charge -sheet against the accused under Section 302 IPC.