MARKUS BHADRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Khataniar, learned Advocate who has been appointed today as Amicus Curiae in place of earlier appointed Amicus Curiae, Mr. K.K. Bhatta, who is found to be absent in the Court when the matter is called upon for hearing although his name has been duly reflected in the cause list. Also heard Mr. P.C. Gayan, learned Public Prosecutor, Assam.

(2.) The conviction under Sec. 302 Indian Penal Code and resultant sentence to imprisonment for life and to pay fine of Rs. 1,000.00 in default to undergo further rigorous imprisonment for 3(three) months so handed down to the appellant by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No. 144/01 vide Judgment and Order dated 23.6.2003 has been assailed by preferring this Criminal Appeal by the appellant from jail.

(3.) The brief facts of the case so unfolded by the prosecution may be noticed as under: