ALBISH BANDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B. N. Gogoi, learned Amicus Curiae for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel and learned Additional Public Prosecutor for the State respondent and Mr. S. H. Mahmud, learned Amicus Curiae for the respondent No. 2/informant.

(2.) This jail appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment and order dtd. 24/2/2021, passed by the learned Sessions Judge, Baksa, Mushalpur, BTAD, Assam, in Sessions Case No. 114/2019, under Sec. 302 of the Indian Penal Code, whereby the accused/appellant has been sentenced to undergo imprisonment for life with a fine of Rs.10,000.00 (Rupees ten thousand) only and in default, to undergo further rigorous imprisonment for 1 (one) year for the offence under Sec. 302 IPC.

(3.) The prosecution case, in brief, is that on 5/3/2019, one Uday Ekka, Village- Uttar Diringapur, lodged an F.I.R. before the Officer-In-Charge of Barbari Police Station alleging that on the same day, at around 2.30 p.m., while his minor son- Rajen Ekka, aged about 7 (seven) years, was playing in his nearby homestead gate after returning from school, the accused-Albish Banda of the same village all of a sudden came and hacked him to death with a dao. Upon receipt of the said F.I.R., the Officer-In-Charge, Barbari Police Station registered a case, being Barbari P.S. Case No. 14/2019, under Sec. 302 IPC, and endorsed S.I. Samiran Das to take up the investigation.