ARJUN KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal from jail is directed against the judgment and order dated 21/11/2002 passed by the learned Additional Sessions judge-I (Adhoc), Tinsukia in Sessions Case No. 67 (T)/2002 convicting the accused appellant under sections 302 and 323 of the Indian penal Code (for short hereafter referred to as the Code ). Thereby he was sentenced to undergo rigorous imprisonment for life for his conviction under section 302 of the Code and was required to pay a fine of Rs. 500/- for his conviction under section 323 of the Code in default to suffer rigorous imprisonment for 10 days.

(2.) WE have heard Mr. R. Goswami, learned Amicus Curiae for the accused appellant and Mr. Z. Kamar, learned Public prosecutor, Assam.

(3.) THE prosecution case unfolds with the FIR dated 15/1/2001 lodged by one Shri Amit Nayak with the Office-in-Charge, tinsukia Police Station alleging that the accused appellant had in the previous night of 14/1/2001 assaulted his elder sister, Smt. Lakheswari Dhani. It was further stated in the FIR that on the informant's visit at the residence of the accused appellant next morning his younger sister, Joysree Dhani, was found lying dead in the house.