DIGAMONI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Meghali Barman, learned Amicus Curiae for the appellant. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State.

(2.) This Criminal Appeal has been registered on receipt of an appeal petition, by the appellant, namely, Shri Digamoni Das, through the Superintendent, District Jail, Biswanath Chariali, impugning the judgment dtd. 31/5/2019, passed by the Court of learned Additional Sessions Judge (FTC), Biswanath Chariali in Sessions Case No. 3/2013, whereby the present appellant was convicted under Sec. 326 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.5,000.00 and in default of payment of fine, to undergo further rigorous imprisonment for three months. The appellant was also convicted under Sec. 307 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.10,000.00 and in default of payment of fine, to undergo further rigorous imprisonment for six months. The appellant was, however, acquitted of charge under Sec. 341 of the Indian Penal Code.

(3.) The facts relevant for consideration of the instant Criminal Appeal, in brief, are as follows : -