CHANDRA PANIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Jain, learned Counsel, who has been appointed as amicus curiae as Ms. SD Baruah earlier appointed amicus curiae is absent when the matter is taken up for hearing though her name is duly reflected in the cause list for hearing of Part-11 commencing from 5.5.2008 to 2.7.2008. Also heard Mr. Z. Kamar, learned Add PP, Assam, appearing for the State of Assam.

(2.) This appeal preferred from jail by the appellant is pending since 2002.

(3.) The appellant herein was convicted under section 302 Penal Code for allegedly killing of Smt. Sadhana Das (hereinafter referred to as the deceased). mother of PW-3, Ganesh Das. who lodged the FIR with the Naojan Police Outpost on 19.5.2000 complaining that about 9 PM on the previous day, i.e. on 18.5.2000, the appellant entered into the compound of their house and grievously wounded the deceased by piercing her with sharply pointed weapon and she succumbed to the injury while she was being brought to the hospital in the wounded state. In consequence of the said conviction so handed down by the learned Sessions Judge. Golaghat, vide judgment and order dated 14.3.2002 in Sessions Case No. 50/2001, the appellant was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 100.00, in default, further rigorous imprisonment for 1 (one) month.