AZIZUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. Choudhury, learned Legal Aid Counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor assisted by Mr. J. Das, Advocate for the State.

(2.) This appeal has been filed against the Judgment and Order dtd. 9/1/2020 passed by the learned Additional Sessions Judge (FTC), Dibrugarh in Sessions Case No. 374/2013, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life, along with a fine of Rs.20,000.00, in default, to undergo Simple Imprisonment for 6 (six) months.

(3.) The Prosecution case in brief is that the informant (father of the deceased) submitted an FIR dtd. 14/1/2013 to the In-charge, Amulapatty Police Outpost, Dibrugarh stating that at about 10:30 p.m. while his son Jitendra Rajak was coming from his shop with his friends viz. Raju Mahto (P.W. No.6), Muna Rajak (P.W. No.3) and Sumit Rajak (P.W. No.2), the appellant Aziz Ali along with two unknown associates attacked his son with deadly weapons viz. Iron Rod and Dagger and stabbed him three times in the belly, due to which he was admitted in the Assam Medical College and Hospital. Pursuant to the FIR, Dibrugarh P.S. Case No.45/2013 under Ss. 341/326/506/307/34 IPC was registered on 14/1/2013. The informant's son expired on 15/1/2013.