DOMAN MARDI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal has been registered on receipt of an appeal petition from the appellant, namely, Doman Mardi, who has been detained in District Jail, Udalguri, through the Superintendent District Jail, Udalguri. In this appeal, the judgment delivered by the learned Sessions Judge, Udalguri in Sessions Case No. 116(U)/2014, on 30/6/2017, has been impugned. By the said judgment, the present appellant along with one Sona Besra @ Mandal were convicted under Sec. , 302/34 of the Indian Penal Code and also under Secs. 376/34 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for seven years under Sec. 376/34 of Indian Penal Code and also sentenced to undergo imprisonment for life and to pay fine of Rs.1,000.00 and in default of payment of fine to undergo rigorous imprisonment for one month under Sec. 302/34 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(2.) The facts relevant for adjudication for this jail appeal, in brief, are as follows:-

(3.) We have heard Mr. D. Talukdar, learned counsel for the petitioner as well as Ms. B. Bhuyan, learned Additional Public Prosecutor and Ms. K. Phukan, learned counsel appearing for the informant. Before considering the submissions of learned counsel for both sides, let us go through the relevant evidence on record.