JIBON NEWAR GOALPARA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B Sarma, learned Amicus Curiae for the appellant Jibon Newar and Mr. D Das, learned Addl. PP, appearing for the State of Assam.

(2.) The appellant Jibon Newar (hereinafter referred to as appellant) has preferred an appeal from the District Jail, Goalpara against the judgment and order dtd. 15/5/2019 passed by the learned Asst. Sessions Judge, Goalpara in connection with Sessions Case No.109/2017 convicting the appellant under Sec. 307 IPC and sentencing him to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.3,000.00 with default stipulation. He was further convicted under Sec. 326 IPC and sentenced to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs.2,000.00 with default stipulation. The sentences are to run concurrently.

(3.) The genesis of the case was that on 12/4/2017 at about 6.30 pm, an altercation erupted between the appellant and his wife Niru Kumari Newar (hereinafter referred to as the victim), and then the appellant struck a blow with a dao (machete) inflicting cuts on the ear and neck of the victim. Her hand was almost severed off by the blow. The appellant also assaulted his sons and daughters. The victim was knocked unconscious by the impact of the injuries and blood oozed out from her injuries. She was taken to Simlitola Primary Health Centre and thereafter she was referred to G.M.C.H, at Guwahati as the injuries were grievous in nature.