PABITRA RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. JC Roychoudhury, learned Amicus Curiae appearing for the appellant and Ms. S Jahan, learned Additional Public Prosecutor, Assam.

(2.) This jail appeal is preferred against the judgment and order dated 29.08.2017 passed by the learned Sessions Judge, Kokrajhar in Sessions Case No.81/2016. By the said judgment and order, the appellant was convicted under section 302, Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life with fine of Rs.5,000/-, in default to payment of fine, further undergo simple imprisonment for 3 (three) months.

(3.) The case of the prosecution, as unfolded from the ejahar lodged on 30.03.2017 by Smti Mangli @ Monumati Roy (Pw-1), was that at around 9.30 pm on the previous night i.e. on 29.03.2017, her father viz Pabitra Ray, the accused/appellant, caused injury to her husband Loisan Ray by stabbing him with a dagger on the road in front of her father's house. Though her husband was immediately taken to Kokrajhar hospital for treatment, he breathed his last at around 11.30 pm on the same night while undergoing treatment. On receipt of the said ejahar, the Officer-in-Charge (O/C), Fakiragram Police Station registered a case being Fakiragram PS Case No.11/2007 under section 302, IPC and entrusted investigation to one Sri Jitish Barman, S.I, Fakiragram Police Station (Pw- 6).