DHARMESWAR KACHARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order, dated 15.06.2011, passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 119 of 2007, whereby the learned Sessions Judge convicted the appellant, under Sections 302 of the Indian Penal Code (for short, IPC) and sentenced him to suffer imprisonment for life and pay fine of Rs. 10,000/-, in default, suffer rigorous imprisonment for another period of three months. It has also been directed that the period of imprisonment, already undergone by the convicted person i.e. the appellant, shall be treated as set off. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

(2.) We have heard Mr. S. Borgohain, learned Amicus Curiae, appearing for the appellant and Mr. D. Das, learned Additional Public Prosecutor, appearing for the State.

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