LAKHINDRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Zahangir Hussain, learned Amicus Curiae for the accused appellant and Mr. Makhan Phukan, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. Respondent No.2, informant of the case did not appear in the matter inspite of service of notice of the case.

(2.) This criminal appeal from jail is filed by the accused appellant Lakhindra @ Lakhindar Orang, being aggrieved with the judgment of conviction and sentence dtd. 27/7/2015 passed by the learned Additional Sessions Judge No.2, Sonitpur, Tezpur in Sessions Case No. 32/2009, arising out of Dhekiajuli Police Station Case No. 08/2009 (corresponding to G.R. No. 45/2009), whereby the learned Trial Court convicted him under Ss. 302/447 IPC and sentenced him to undergo Rigorous Imprisonment for Life and to pay fine of Rs.3,000.00 under Sec. 302 IPC, in default of payment of fine, to undergo Rigorous Imprisonment for 1 (one) month and further to undergo Simple Imprisonment for 3 (three) months under Sec. 447 IPC, where both the sentences to run concurrently.

(3.) The brief facts of the case is that on 8/1/2009 around 04:00 pm, the Officer-in-Charge of Dhekiajuli Police Station received a written FIR from the complainant Ratan Bardhan (PW.1) stating that while his father Noni Gopal Bardhan was sitting in a house without having any walls on it, the accused Lakhindar Topno/Orang, a resident of the same Ward caused grievous injuries on head and abdomen of his father by hacking and stabbing him with a 'Khukri' that he had brought with him and while undergoing treatment at 155 Base Army Hospital, Tezpur, his father said Noni Gopal Bardhan succumbed to the injuries sustained by him. As such the complainant requested the police authority of Dhekiajuli Police Station to take necessary steps in that regard.