MD. MUSTAFA AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Deka learned Counsel for the appellant. Also heard Mr. K.A. Mazumdar learned Public Prosecutor.

(2.) The conviction of the appellant under section 302 Indian Penal Code and the sentence to undergo imprisonment for life and to pay a fine of Rs. 2000.00 in default of fine to imprisonment for another sixty days imposed by the learned Ad-hoc Additional Sessions Judge, Fast Track Court, Hojai Shankardev Nagar by the Judgment and order dated 28.10 2005 rendered in Sessions Case No. 126 (N)/2003 have been assailed in this criminal appeal.

(3.) The appellant, as was alleged in the F.I.R. lodged on 8.10.1995 with Lanka Police Station by P.W. 1 Deplendu Das, hacked from behind on the head of the father of P.W. 1, Digendra Das (herein after referred to as 'the deceased') who intervened to settle the altercation erupted between the uncle of the complainant Digendralal Das and the appellant over the eating of the leaves of a jack - fruit seedling by the goat of the accused.