SREEPRASAD HAZAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Tewari, learned Amicus Curiae. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State/respondent.

(2.) This appeal has been preferred by the appellant challenging the judgment and order dtd. 31/7/2017 passed by the learned Asstt. Sessions Judge, Cachar, Silchar in Sessions Case No. 57/2015, whereby the accused/appellant was convicted under Ss. 307/326 IPC and sentenced him to undergo rigorous imprisonment for 7(seven) years and also to pay a fine of Rs.1,00,000.00 for the offence under Sec. 307 IPC, in default of payment of fine, he has to suffer another period of one year. Further, the appellant was also sentenced to suffer rigorous imprisonment for 7(seven) years and also to pay fine of Rs.1,00,000.00 for the offence under Sec. 326 IPC, in default to payment of fine, he has to suffer simple imprisonment for another period of one year. Both the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that the informant who is the wife of the injured, lodged an FIR on 29/9/2013 before the Officer-in-Charge, Udharbond Police Station stating inter alia that on 28/9/2013 at around 9 p.m. while her husband Sampad Lal Rabidas was returning home from Doyapur Tea Estate, the appellant armed with a sharp dao, intercepted him on the road. As the accused/appellant tried to give a dao blow on his neck with an intention to kill him, he resisted him with his left hand, as a result of which, the dao blow fell on his hand, thereby his wrist joint has been severed. Having heard hue and cry, the neighbouring people came to the spot and saved the life of the victim.