MANIR ALI ALIAS HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.6.91 delivered by Sessions Judge, Dibrugarh and Tinsukia in Sessions Case No. 112(T) of 1987 thereby holding the accused-appellant guilty of committing offence punishable under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life with a fine of Rs.2,000/- (Rupees two thousand) or in default of payment of fine to suffer one year's rigorous imprisonment.

(2.) The appellant is the grand-son-in-law of the deceased. It appears that there was no good terms between the husband and wife, i.e., the appellant and Amina Khatoon. Amina Khatoon at the material time was living with her grant- mother. On 9.1.87 around 4 p.m. the appellant tried to forcibly take her away from the house of her grand-mother. The old lady intervened so as to prevent her from being taken away by the appellant. It was at this juncture that the appellant dealt a bamboo blow on her forehead resulting in the following injuries as per the post-mortem report :-

(3.) Since the appellant was not having any legal assistance, this Court appointed the learned counsel Mrs. K. Yadav as the Amicus Curiae to defend the accused-appellant. Accordingly, she has appeared and raised the following points :- That even if the prosecution case is taken on its face value yet the conviction of the appellant under Section 302 IPC cannot be maintained; at best it could be an offence punishable under section 324 IPC.