SIMNATH MODI @ BHETKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I.A. Hazarika, learned Amicus Curiae appearing for the appellant. Also heard Mr. H.K. Sarma, learned Additional Public Prosecutor, Assam.

(2.) This jail appeal is directed against the judgment and order dated 13.07.2015 passed by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No.28 of 2014. By the said judgment, learned Sessions Judge convicted the appellant under Section 302 and sentence him imprisonment for life and a fine of Rs.5,000/- with default stipulation. Learned Sessions Judge also directed for payment of compensation of Rs.2 Lakh to the legal representative of the victim.

(3.) As per prosecution case, on 12.10.2013 at about 6.30 p.m., the appellant inflicted injuries to the victim Anil Mandal by 'dao' near the wooden bridge, while he was going to attend his duty in the water supply project and the victim succumbed to the injuries.