BABA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned Amicus Curiae for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

(2.) This Criminal Appeal has been registered on receipt of an appeal petition by the appellant Shri Baba @ Khumtai Borah through the Superintendent, District Jail, Dhemaji impugning the judgment dtd. 29/8/2019 passed by the Court of learned Sessions Judge, Dhemaji in Sessions Case No. 108(DH)/2014, whereby the present appellant has been convicted under Sec. 304 Part-II of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.2,000.00 and in default of payment of fine to undergo further rigorous imprisonment for two months.

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