SABIR HUSSAIN (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order, dated 28.01.2015, passed by the learned Addl. Sessions Judge No. 1, Kamrup (M), Guwahati, in Sessions Case No. 124(K)/2010 under section 448/302 IPC, convicting the appellant under sections 448/302 IPC and sentencing him to suffer simple imprisonment for one year for his conviction under section 448 IPC and rigorous imprisonment for life and fine of Rs. 5000/- in default of payment of fine, suffer simple imprisonment for 6 months for his conviction under section 302 IPC. Being aggrieved by the said conviction and sentence, the appellant has come up with this appeal.

(2.) Heard Mr AK Das, learned counsel appearing for the appellant as well as Ms S. Jahan, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(3.) The prosecution case, in brief, is that, on 09.09.2007 at about 12-30 P.M., while the deceased was residing in her house at Hatigaon, Guwahati, the accused (i.e. appellant) entered the house and assaulted the deceased with a Khukri causing injuries to her person. The injured person was carried to the hospital by her husband, but she succumbed to her injuries. The husband of the deceased lodged an FIR, on 09.09.2007, alleging, inter alia, that the appellant had caused death of the deceased by inflicting blows with Khukri. The said FIR was registered for the offence under section 302 IPC.