UMESH DOWARA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Roychoudhury, learned Counsel who has been appointed as Amicus Curiae in place of Shri Dinesh Agarwal, the earlier appointed Amicus Curiae, as he has been found absent when the matter has been taken up for hearing, representing the appellant from the jail as well as Mr. K.A. Mazumdar, learned P. P.. Assam.

(2.) The appellant from jail has filed this appeal challenging the judgment and order dated 16.4,2004 passed by the learned Sessions Judge. Dibrugarh in Sessions Case No. 33/2002 whereby he was convicted under section 302, I.P.C. and accordingly, sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000.00 only, in default to suffer rigorous imprisonment for another 6 (six) months.

(3.) The prosecution case in brief is that an FIR was lodged by P.W.-5, Sunil Dowara with the Ghoramara police outpost under Lahowal police station being registered Lahowal P.S. Case No. 110/2001 under section 302., I.P.C. on 2.12.2001 alleging that his father's elder brother Drona Dowara (hereinafter referred to as 'the deceased') was stabbed at about 6.30 p.m. yesterday i.e. on 1.12.2001 and cut to death by his own son Shri Umesh Dowara-appellant with a sharp dagger.