PAKU KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Barman, learned Amicus Curiae for the appellant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

(2.) This jail appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment and order dtd. 19/3/2021, passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 51(T)/2018, under Ss. 326/307 of the Indian Penal Code, whereby the appellant has been sentenced to undergo Rigorous Imprisonment for 10 (ten) years and to pay fine of Rs.2,000.00 (Rupees two thousand) only, in default to suffer further simple imprisonment for 3 (three) months for the offence under Sec. 307 of the Indian Penal Code and also sentenced to undergo Rigorous Imprisonment for 10 (ten) years with a fine of Rs.3,000.00 (Rupees three thousand) only, in default to undergo further imprisonment for 6 (six) months for the offence under Sec. 326 of the Indian Penal Code.

(3.) The prosecution case, in brief, is that on 23/7/2014, one Shri Amar Boraik lodged an ejahar before the In-Charge, Talap Police Out-Post alleging inter alia that on 22/7/2014, at about 11.00 a.m., his brother-in-law, Shri Paku Karmakar of Chengeli Gaon, hit his elder sister, namely, Mina Karmakar with a dao in an attempt to kill her, caused grievous hurt to her in presence of his old mother, aged about 60 years, and children and cut down one half of her hand's thumb finger and hair. The injured was admitted to Assam Medical College Hospital, Dibrugarh. Upon receipt of the said ejahar, the police of Talap Out-Post made G.D. Entry No. 390, dtd. 23/7/2014, and forwarded to Officer-In-Charge of Doomdooma Police Station, which was accordingly registered as Doomdooma P.S. Case No. 398/2014, under Ss. 326/307 of the Indian Penal Code, and endorsed S.I.(P) Thogish Doley to take up investigation.