(1.) Heard Ms. Anupama Devi, the learned Amicus Curiae who has been appointed in place of earlier appointed Amicus Curiae Ms. Nandita Moral since she is found absent when the matter is taken up for hearing. Also heard Mr. Z. Kamar, the learned P.P., Assam.
(2.) The conviction of the appellant in jail under section 302, Penal Code and the sentence to undergo rigorous imprisonment (for short, R.I.') for life and to pay fine of Rs. 1000.00, in default further imprisonment for one month so handed down by the learned Ad hoc Addl. Sessions Judge, Nagaon, Assam in Sessions Case No. 91 (N)/2000 by his judgment and order dated 19.6.2002 have been assailed in this jail appeal by the appellant from jail.
(3.) The factual matrix of such conviction and sentence is that the appellant being the servant of Deba Kt. Baruah (hereinafter referred to as the deceased') on 18.6.1997 dealt the deceased a severe stroke on the head with a spade causing grievous injuries to him. PW. 4 Sri Lakhiram Baruah lodged an F.I.R. on 19.6.1997 with the Officer-in-Charge, Dwar Bagari Police Out Post Kuthari alleging the above incident.