MD. KHALILUDDIN @ KHALILUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. C. Sharma learned Amicus Curiae appointed in place of Mr. S. Baruah the appointed Amicus Curiae who is found to be absent when the jail appeal has been called upon for final hearing. Also heard Mr. K.A. Mazumdar learned Public Prosecutor, Assam.

(2.) The conviction of the appellant under section 304 Part II, I.P.C. and resultant sentence to undergo rigorous imprisonment (for short, RI.) for 10 years and to pay a fine of Rs. 1,000.00 in default future R.I. for 3 months have been challenged in this criminal appeal by the appellant from jail.

(3.) The impugned conviction and sentence was imposed by the learned Ad hoc Additional Sessions Judge, Hojai at Sankardev Nagar. Nagaon in Sessions Case No. 47 (N) 2 by his judgment and order dated 24.12.2003.