GANESH TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned Amicus Curiae appearing for the appellant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam.

(2.) This Criminal Appeal (J) has been registered under Sec. 374(2) of the Code of Criminal Procedure, 1973 on the basis of a petition of appeal filed by the appellant, namely, Sri Ganesh Tanti, which was forwarded by the Superintendent Central Jail, Tezpur, impugning the Judgment dtd. 5/4/2019, passed by the Court of learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 74/2018, whereby, the present appellant was convicted under Sec. 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 (Rupees Five Thousand only) and in default of payment of fine to undergo further rigorous imprisonment for 2(two) months. The appellant is presently detained in Central Jail, Sonitpur.

(3.) The facts relevant for consideration of this appeal, in brief, are as follows:-