JAFOR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the appellant and Ms. A. Begum, learned Addl. PP for the State. Also heard Mr. A. Thakuria, learned counsel for the respondent No. 2 (informant).

(2.) The appellant has put to challenge the impugned Judgment dtd. 20/12/2023, passed by the learned Addl. Sessions Judge, Bilasipara in Sessions Case No. 55/2011, by which the appellant has been convicted under Ss. 447/326/302 of the IPC. He has accordingly been sentenced to undergo simple imprisonment for 1 month unde r Sec. 447 of the IPC and to undergo rigorous imprisonment for 7 years with a fine of Rs.5,000.00, in default, simple imprisonment for 1 month under Sec. 326 of the IPC. The appellant has also been sentenced to undergo rigorous imprisonment for life under Sec. 302 of the IPC and to pay fine of Rs.10,000.00, in default, to undergo simple imprisonment for 2 months. All the sentences are to run concurrently.

(3.) The learned counsel for the appellant submits that the fact that the appellant had hit the deceased with a wooden baton is not in dispute. However, the act of the appellant had been done in a sudden fight without any premeditation and in the heat of passion, which erupted from a sudden quarrel between the appellant on one side and the deceased and his brother (PW-8) on the other side, over a dispute regarding the ownership of a betel nut garden.