BHAITY KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) - We have taken up this criminal jail appeal for hearing today itself only for the reason that on enquiry, we are informed that no paper book has been prepared till date, although this jail appeal has been pending since 1997 for the alleged incident occurred in the year 1992, because Ext. 5. F.I.R./Ejahar and connected commitment order have not been received from the learned Sessions Judge, Golaghat. Since speedy trial is also a fundamental right guaranteed under Art. 21 of the Constitution of India, we are of the considered view that as the appellant has been in custodial detention for last 12 years. the instant jail appeal needs to be heard even without preparation of paper book. Accordingly, this criminal jail appeal is being heard today for its final disposal.

(2.) Heard Ms. B. Choudhury, learned Amicus Curiae appearing on behalf of the appellant. Also heard Mr. D. Das, learned Public Prosecutor, Assam.

(3.) The conviction under section 302, I.P.C. and resultant sentence to imprisonment for life and to pay fine of Rs. 1,000.00 in default to undergo further rigorous imprisonment for 6 (six) months so handed down to the appellant by the learned Sessions Judge, Golaghat in Sessions Case No. 48/93 vide judgment and order dated 20.5.1997 has been assailed by preferring this criminal appeal by the appellant from jail.