BHABEN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Das, the learned Counsel who has been appointed as Amicus Curiae, as Mr. Utpal Das, the earlier appointed Amicus Curiae has been found to be absent to assist the Court in disposing of this criminal appeal so preferred from jail by the appellant. Also heard Mr. K.C. Mahanta, the learned P.P. Assam.

(2.) This criminal jail appeal has been directed against the judgment and order dated 23.12.2002 passed by the learned Sessions Judge, Lakhimpur at North Lakhimpur in Sessions Case No. 36 (N.L.)/2001 whereby the appellant was convicted under section 302 and sentenced him to suffer rigorous imprisonment (for short, 'R.I.') for life and to pay fine of Rs. 6000.00 (Rupees six thousand), in default, he will undergo R.I. for three years more.

(3.) In support of the appeal from jail, the limited argument of Mr. Das, the learned amicus curiae, is that taking into account the facts and circumstances of the case in its entirety as well as the mitigating circumstances so reflected from the remorse expressed by the appellant in his examination under section 313, Code Criminal Procedure , this may, at best, be a case under section 304, Part - I, Indian Penal Code Accordingly it is submitted that the appellant may be convicted under section 304, Pt - I instead of section 302 Indian Penal Code.