AZAD KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12.08.2011, passed by the learned Addl. Sessions Judge, Dibrugarh in Sessions Case No. 64/2005 convicting the accused, namely, Md. Azad Khan (herein after referred to as the 'accused person') of offence u/s 302 IPC and sentencing him to suffer imprisonment for life and also to pay a fine of Rs. 10,000/- i.d. imprisonment for another 3 (three) months for the offence aforesaid. Being aggrieved by and dissatisfied with the aforesaid judgment, the accused person has preferred this appeal from jail citing several infirmities in the judgment under challenge.

(2.) We have heard Mr. D.K. Das, learned Amicus Curiae for the appellant and also heard Mr. D. Das, learned Addl. P.P., for the State.

(3.) The case, projected by the prosecution in the FIR dated 04.10.2002 and in subsequent trial, in short, is that on 03.10.2002, at around 4:30 pm, one Sibu Mandal was returning home from market along with Gobinda Nayak @ Robin Nayak. When the duo reached a place near Chabua Junior College, they were attacked by the accused person with a knife for which Gobinda Nayak died at the Place of Occurrence (in short, PO). On the other hand, Sibu Mandal sustained several injuries and was, therefore, brought to Chabua St. Luke's Hospital where he was declared brought dead.