MD. AYUB NABI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Dutta, learned Amicus Curiae appearing on behalf of the appellant as well as Mr. K.C. Mahanta, learned Public Prosecutor, Assam.

(2.) The conviction of the appellant under Sec. 302, Penal Code and the resultant sentence to undergo rigorous imprisonment (for short, 'RI') for life and also to pay a fine of Rs. 5,000.00, in default of payment of fine, further RI for two months, rendered by learned Sessions Judge, Bongaigaon vide judgment and order dated 30.3.2002 in Sessions Case No. 52(B)/1998, have been assailed in this appeal begin preferred by the appellant from jail.

(3.) The facts in brief as projected by the prosecution in the FIR are that one Mrs. Nurul Islam, PW 1, on 26.11.1995 lodged an 'ejahar' with the Bijni Police Station alleging that on the same day i.e., on 26.11.1995 around 2:30 p.m. his nephew, the appellant, hacked his mother Mustt. Nabiran Nessa (hereinafter referred to as, 'the deceased') to death by means of a 'dao' and when his niece Mustt. Hanufa Khatun surrounded him in order to save her mother, the appellant inflicted 'dao' blow on her person too.