ASHIT DEY @ DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 29.12.2005 passed by the learned Ad-Hoc Additional Sessions Judge, Kamrup, Guwahati in Sessions Case No.148(K)/2005. By the said judgment, the accused/appellant has been convicted u/s 304 (Part-II) IPC with the sentence of 07(seven) years rigorous imprisonment. When the appeal was filed, an application registered as Misc Case No.459/2006 was also filed praying for suspension of the sentence. However, the same was rejected vide order dated 30.06.2006. Thus, the petitioner is in jail ever since he was convicted vide the impugned judgment dated 29.12.2005. The sentence being rigorous imprisonment for 07(seven) years, the same is already over and the accused/appellant must have been released.

(2.) Although the appeal was filed through the engaged counsel, but when there was no appearance, Mr. B.N. Gogoi, learned counsel was appointed as Amicus Curie vide order dated 05.05.2014. He is also absent in today's proceeding. In such circumstances, Mr. S. C. Biswas, learned counsel has come forwarded to assist the Court. He has gone through the records and has made submissions. According to him, since there was a quarrel between the accused/appellant and the victim, there is possibility of exercise of right of private defence and thus the conviction of the accused/appellant was not warranted.

(3.) Countering the said argument, Mr. D. Das, learned Additional Public Prosecutor, Assam on the other hand submits although quarrel might have taken place, but the same did not cloth the accused/appellant with the right to kill the victim. He submits that the learned trial Court considering the circumstances rightly convicted the accused/appellant u/s 304 (Part-II) IPC.