DULAL CHANDRA RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail has been preferred against the judgment dated 25th Sept., 1998 passed in 'Sessions Case No. 96(K)/93 under section 302/448 Penal Code whereby the learned Sessions Judge, Kamrup, Guwahati convicted the accused-appellant under section 302 Penal Code and sentenced him to imprisonment for life and to pay a fine of Rs. 1,000, in default, to suffer R/I for another three months. Being aggrieved thereby, he has preferred this appeal from jail.

(2.) We have heard Mr. D. Choudhury, learned Amicus Curiae appearing on behalf of the appellant and also Mr. K. Munir, learned PP, Assam.

(3.) The prosecution case in brief is that on 8.6.1987 an F.I.R. was lodged before the Officer-in-Charge of Boko Police Station, inter alia, stating therein that at about 11.00 PM on 7.6.1987 when the nephew of the first informant Tilok Rava had been sleeping in a "UDANG' (open house) after having partaken of his meal, the accused person came in stealthily, cut him in his head, arms and thighs with a 'Khukuri", causing him grievous injuries and fled. The injured had been admitted to Gauhati Medical College in critical condition for treatment. Later on, the injured died. After receipt of the FIR, a case was registered being Boko Police Station Case No. 99/87.