MOHIBUL HAQUE Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 06.05.2015, passed by the learned Sessions Judge, Darrang, Mangaldai, in Sessions Case No. 114(DM)/2012, whereby and whereunder the learned Sessions Judge convicted the appellant, under Section 304 (Part-II) of the Indian Penal Code (hereinafter called 'IPC') and sentenced him to suffer rigorous imprisonment for 5 (five) years and pay fine of Rs. 5,000/-, in default, suffer simple imprisonment for 6 (six) months. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

(2.) I have heard Mr. N. Ahmed, learned Counsel, appearing for the appellant and Mr. K. Munir, learned Additional Public Prosecutor, Assam and Mr. M. Haque, learned Counsel for the private respondent.

(3.) The prosecution case, in brief, may, be stated as follows:-