ABDUL MAZID MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. K. Bhattacharjee, learned amicus curiae, who has been appointed in place of Mr. B.K. Singh, earlier appointed amicus curiae, as he is found to be absent when this jail appeal is taken up for hearing. Also heard Mr. Z. Kamar, learned Public Prosecutor, Assam.

(2.) The conviction under Sec. 302 Indian Penal Code and sentence to undergo rigorous imprisonment (RI for short) for life and to pay a fine of Rs. 500, in default of payment of fine to undergo RI for another period of three months, which was imposed by the learned Addl. Sessions Judge, Cachar, Silchar by his order dated 31.7.2003 in Sessions Case No. 79/2000, have been assailed in this criminal appeal preferred by the Appellant from jail.

(3.) The prosecution case, in brief, is that on 15.4.2000, Md. Abdul Kuddus, PW-1 lodged an FIR with Sonai Police Station alleging that on 15.4.2000, at about 3 p.m., accused Appellant, Md. Abdul Mazid Mazumdar caused the death of his sister Musstt. Harisun Nessa ('the deceased') by inflicting cut blows with an axe after chasing her from the house. The FIR, therefore, was forwarded to the Officer-in-Charge of Sonai Police Station for registering a case and accordingly, a case was registered being Sonai P.S. Case No. 148/2000 under Sec. 302, IPC.