DOYA MISHRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 22.07.2011, passed by the learned Additional Sessions Judge (FTC), Sivasagar in Sessions Case No. 157(S -C) 2010, whereby the learned Sessions Judge convicted the appellant under Sections 302 IPC and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs.2,000/ -, in default, suffer simple imprisonment for another period of two months. It has been directed that the period of detention, already undergone by the petitioner, shall be treated as set off under Section 428 Cr.P.C.

(2.) Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal from jail. As there was none to represent the appellant, Mr. R. Islam, learned Counsel, has been appointed as the Amicus Curiae to represent the appellant.

(3.) We have heard Mr. R. Islam, learned Amicus Curiae and Ms. S. Jahan, learned Additional Public Prosecutor, Assam. The prosecution case, may, in brief, be stated as follows: -