HAREN KAKATI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) I have heard Mr. N. Ahmed, learned counsel appearing on behalf of the appellant and also Mr. D. Das, learned Additional Public Prosecutor, Assam, for the respondent State of Assam.

(2.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 is directed against the judgment dated 22.08.2008 passed by the learned Additional Sessions Judge (F.T.C.) No. 4, Kamrup, Guwahati in Sessions Case No. 396(K)/2007 whereby the accused appellant has been convicted and sentenced under Sec. 304 Part -II IPC and sentenced to undergo rigorous imprisonment for 3(three) years and to pay a fine of Rs. 1000/ -, in default, to pay fine, to undergo rigorous imprisonment for another 3(three) months.

(3.) Brief facts necessary for disposal of this present case is that on 5.12.1995 at about 9.30 P.M., the deceased Joy Kanta Kalita armed with 'ballam' entered into the house of the informant Gopal Deka in a drunken condition and caught hold the wife of the informant with an intention to commit rape. At this, the wife of the informant made a hue and cry and hearing the same, her husband the informant as well as the accused appellant, who was a neighbor, arrived at the place of occurrence. On their arrival, the deceased attacked them and assaulted the accused appellant with the 'ballam' and, in the process, the accused appellant also picked up a 'dao' lying nearby to resist the attempt of the deceased Joy Kanta Kalita and, in the process, deceased Joy Kanta got injury near the neck and died. Soon thereafter, the informant and his family along with the accused appellant went to inform the matter to the nearby police station and narrated all the facts and also filed an FIR narrating the facts therein at the Garchuk Police Outpost, which was subsequently registered as Fatashil Ambari Police Station Case No. 181/95 under Sec. 302 I.P.C. (G.R. Case No. 5215/95). The police, accordingly, started investigation on the basis of the FIR and after completion of the investigation submitted charge -sheet against the accused persons under Sec. 302 I.P.C.