SURESH PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this appeal, the appellant, has challenged the impugned judgment and order, dated 05.10.2010, passed by the learned Addl. Sessions Judge, (FTC), Sivasagar in Sessions Case No. 9(S-S)/2010 (G.R. Case No. 1013/2009). By the impugned judgment and order, the learned Addl. Sessions Judge (FTC), convicted the appellant under Section 302 of the Indian Penal Code (for short IPC) and sentenced him to suffer imprisonment for life and pay fine of Rs. 2,000/- (Rupees two thousand), in default suffer R.I. for another period of 2 (two) months. It has also been ordered that the convicted person shall be entitled to set off, under Section 428 of the Code of Criminal Procedure (for short Cr.P.C).

(2.) We have heard Mr. I. Hussain, learned Amicus Curiae, appearing for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

(3.) The prosecution case, which has given rise to this appeal, may, in brief, be stated as follows: