FAGUA URAO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B Sharma, the learned counsel Amicus Curiae appearing on behalf of the appellant. Also heard Mr. B B Gogoi, learned Additional Public Prosecutor, Assam.

(2.) This appeal has been preferred by the accused/appellant from jail against the judgment and order dated 13.07.2015 passed by the learned Sessions Judge Kokrajhar in Sessions Case No. 82/2013 thereby convicting the accused/appellant under Section 304 Part-II IPC and also under Section 324 IPC and sentenced him to suffer rigorous imprisonment for 10 years and fine of Rs.10,000/- in default, rigorous imprisonment for six months under Section 304 Part-II IPC, and also rigorous imprisonment for two years under Section 324 IPC, the period of sentences will run concurrently.

(3.) The case of the prosecution in brief is that on 10.04.2012 one Sri Ganesh Urao lodged an FIR before Salakati Police Out Post under Basugaon PS, Kokrajhar to the effect that on the same day at about 11 a.m., seeing the accused person assaulting physically one Chandan Urao with a dagger, when he tried to hold the dagger, the accused also hit on his chest with that dagger but the attending people finally able to hold the accused and handed over to police. Victim Chandan Urao was immediately taken to Kokrajhar Civil Hospital. Having received the FIR, police registered a case and investigated the matter and finally submitted charge-sheet under Section 341, 324 and 302 IPC against the accused person. On being committed to the learned court below, written charges under Section 302, 324 IPC were explained and read over to the accused to which the accused pleaded not guilty. On the basis of the said charge, the learned Sessions Judge, Kokrajhar in Sessions Case No. 82/2013 passed the judgment and order of conviction as aforesaid. Being aggrieved, the accused appellant has preferred this appeal.