MAINUL HAQUE LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Dipanjali Deka, learned Amicus Curiae for the accused appellant and Mr. Hrishikesh Sarma, learned Additional Public Prosecutor for the State respondent.

(2.) This jail appeal is directed against the judgment and order dated 13.11.2014, passed by learned Sessions Judge, Hailakandi in Sessions Case No.22/2010 wherein the appellant was held guilty of having committed the offences punishable under sections 302 and 323 of IPC and sentenced to Rigorous Imprisonment for life with a fine of Rs. 5000/- and in default of payment of the same to undergo further Rigorous Imprisonment of another 6 (six) months.

(3.) On 04.05.2008, the wife of the deceased (PW-1) lodged and Ejahar at the Hailakandi Police Station stating that at around 11.30 pm of the previous night when her husband went to the house of Faijur Rahman for an urgent piece of work, he was attacked by the accused with a sharp dao because of previous grudge he had, and on hearing his hue and cry, she went to the place of occurrence and tried to save him, but the accused also attacked her with the same weapon which almost severed her thumb. As a result of the assault by the accused, the deceased suffered about 20 injuries on his person including face, head and other parts of his body. And due to the injuries her husband became senseless and fell down on the ground. People from neighbouring houses came to her help and took her husband to the Silchar Medical College and Hospital but on the way to the hospital, her husband died.