PRIYA NATH DAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgement dated 25/03/2011 of the learned Sessions Judge, Kamrup, Guwahati passed in Sessions Case No. 28(K)/2008 (State of Assam v. Priya Nath Das). By the said judgement, the accused appellant has been convicted under Section 302 IPC and has been sentenced to undergo R.I. for life with fine of Rs. 10,000/ - and in default, R.I. for another one year.

(2.) THE prosecution story in brief is that on 14/08/1998 with the Jalukbari Police Station by PW -2 to the effect that on the previous night at around 1 -30 a.m., the accused hacked the deceased with a dao and bhojali (Scimitar) while she was sleeping inside the room. Injuries being inflicted, the deceased became unconscious and fell down. Immediately, she was rushed to hospital where she succumbed to her injuries. It was stated in the FIR by the informant that seeing the condition of the deceased, she was taken to hospital instead of going to Police Station for furnishing information. It was also stated in the FIR that since the public had apprehended the accused, when he tried to run away from the place of occurrence, he also sustained injuries. Thereafter he was handed over to the Police.

(3.) DURING trial, the prosecution examined 7 (seven) witnesses and defence also examined two witnesses as DW -1 (accused himself) and DW -2. The statement of the accused appellant was also recorded under Section 313 Cr.P.C. The learned trial Court having convicted the accused appellant with the sentence as aforesaid, he has preferred this appeal praying for setting aside of the impugned judgement.