IN RE : SAITAM RAJPUT Vs. NONE

JUDGEMENT

(1.) Heard Mr. R. Ali, learned Amicus Curiae appointed in place of Mr. N. Chakraborty earlier appointed Amicus Curiae, on being found absent at the time of hearing representing the appellant from jail. Also heard Mr. K.C. Mahanta, learned Public Prosecutor, Assam.

(2.) The basis issue raised in this criminal jail appeal, being directed against the judgment and order dated 26.6.2002 passed by the learned Ad - hoc Additional Sessions Judge, Nagaon (for short 'the Judge') in Sessions Case No. 13 (N)/02 whereby the appellant was convicted under section 302 Indian Penal Code and sentenced to undergo rigorous imprisonment (for short, 'R.I.) for life and also to pay a fine of Rs. 1000.00 in default, to suffer R.I. for another one month, is as to whether the case, as narrated by the prosecution, would fall under section 302 Indian Penal Code or come within the purview of section 304, Part - II, Indian Penal Code

(3.) As per prosecution, the appellant killed brutally Smt. Kalpana Dalapati, the wife of Lakhiram Dalapati, P.W. 6 (hereinafter referred to as the 'deceased') at around 9.30 p.m. on 25.10.2001 during the time of "Durga Puja" celebration. This information was placed on record before the Jakhalabandha police outpost by P.W. 6, Shri Lakhiram Dalpati, the husband of the deceased.