MONI DAS @ MONINDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Bhaskar Baruah, learned Amicus Curie, appearing on behalf of the appellant herein and Ms. Barnali Bhuyan, learned Additional Public Prosecutor, Assam for the State respondent.

(2.) This appeal from jail is directed against the judgment and order, dated 23.04.2015, passed by learned Additional Sessions Judge, Cachar at Silchar in Sessions Case No. 122/2013 whereby the appellant is convicted under Section 302 of the Indian Panel Code (in short, 'the IPC') and sentenced to suffer rigorous imprisonment (RI) for life with fine of Rs. 5,000/- (Rupees five thousand) only and in default to pay the same to suffer simple imprisonment (SI) for further 6 (six) months.

(3.) The appellant's case, in a nutshell, is that on 30.12.2010, the informant Hirendra Das, son of late Nepu Das, resident of Horitikar Part-II, under Katigorah Police Station, District Cachar, Assam lodged an FIR (Exhibit-2) before the Officer-in-Charge of Katigorah Police Station alleging, interalia, that on that day at about 4:30 p.m. at village Horitikar Part-II, the appellant wielded with a sharp knife ('Bhujali') caught hold of his niece Ranjita Das @ Pompy and dragged her to the vegetable garden of the local Masjid and stabbed her to death instantaneously on the spot.