LAWS(GAU)-2007-5-73

MANIR ALI Vs. STATE OF ASSAM

Decided On May 17, 2007
Manir Ali Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Ms M. Gogoi, learned Amicus Curiae. Also heard Mr. PC Gayan, learned PP, Assam.

(2.) This criminal appeal has been preferred by the appellant from jail challenging his conviction under section 304 Part II though he was tried under sections 302/201 Penal Code and subsequent sentence to undergo rigorous imprisonment (for short, RI) for five years and also to pay a fine of Rs. 2.000, in default of payment of fine with RI for further one months imposed upon him by the judgment and order dated 30.10.2004 rendered by the learned Ad-hoc Additional Sessions Judge, Bongaigaon in Sessions Case No. 155 (B)/93.

(3.) The prosecution case, in short, may be noticed. An FIR was lodged with the Officer-in-charge, Bongaigaon Police Station on 17.10.86 by PW 2, Sri Montu Chauhan alleging that on 17.10.1986 at about 6.30 PM at Barlawgaon Weaving Center, the appellant committed murder of the deceased Raj Dew Chauhan by giving him a blow with a dao causing an incised wound at his neck resulting in his instant death. On the basis of the report so lodged as mentioned above, the police registered a case being Bijni PS Case No. 183/86 under section 302 Penal Code and accordingly the investigation started.