PUNYA KANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.M. Choudhury, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam appearing for respondent State.

(2.) This Criminal Appeal under Sec. 374(2) of the Cr.P.C is directed against the Judgment and Order dtd. 11/3/2011, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 85 (JJ) of 2007 (corresponding to G.R. Case No. 285/2002), whereby the appellant/accused has been convicted under Sec. 304 (Part I) of the Indian Penal Code and sentenced him to undergo R.I. for five (5) years and to pay a fine of Rs.3,000.00 (Rupees three thousand) and in default to payment of fine, to undergo R.I. for another two (2) months.

(3.) The case set up by the prosecution is to the effect that on the date of occurrence i.e. on 4/4/2002, while UBC Constable Ziaul Islam and Constable Jogen Gogoi were on duty near railway crossing, When they found two youths in suspicious and in intoxicated condition and both of them were brought to the police station, where they disclosed their name as Raja Das and Karna Chetry. When they reached at Jorhat Police Station, Cons-table Ziaul Islam asked both the suspects to follow him and entered into general duty room to inform the officer. In the meantime, the accused Punya Kanta Das, ABC 408, entered into the room from the general duty room and asked Karna Chetry about his identity who was in the corridor of the police station. Karna Chetry attempted to grab the carbine from the possession of Punya Kanta Das. There was scuffle between them and in the scuffle, a fire shot from the carbine causing injury to Karna Chetry. The injured was immediately shifted to hospital where he was declared dead.