AFTAB HUSSAIN ALIAS BHAITI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. JM Choudhury, learned Senior Counsel assisted by Mr. BM Choudhury, Mrs. N. Baruah and Mr. U. S. Borgohain, the learned counsel for the appellant as well as Mr. KC Mahanta, learned Public Prosecutor, Assam for the State.

(2.) This criminal appeal has been directed against the judgment and order dated 14/6/02 passed by the learned Fast Additional Sessions Judge, Sibasagar in Sessions case No.165(S-S)/01 whereby the appellant herein was found guilty for an offence under Section 302 IPC in killing one Ms. Priti Agarwalla and accordingly convicted the appellant under Section 302 IPC and sentenced him to undergo rigorous imprisonment (for short, 'RI') for life and to pay fine of Rs.1,000/- in default of payment of fine to undergo RI for another six months.

(3.) One Ms. Priti Agarwalla (hereinafter to as the deceased), the daughter of the complainant, Subhash Agarwalla (PW.1) while going to college to attend her B.Com. 1st year class in the morning at about 8:00 AM on 27/12/01 by boarding in a bus "Maa Lakshmi", the appellant forcefully get her down from the bus and assaulted her with dao on both sides of head. The deceased on way to Assam Medical College Hospital, Dibrugarh, succumbed to her injuries.