JAGYA BARUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Tiwari, learned Amicus Curiae, appearing for the appellant and Ms. S. Jahan, learned Addl. Public Prosecutor, Assam for the State.

(2.) This appeal is directed against the judgment & order dated 21.03.2018, passed by the learned Sessions Judge, Darrang, Mangaldoi, in Sessions Case No. 07(DM) of 2014. By the said judgment and order, the learned Sessions Judge, convicted the accused-appellant under Section 302 of the IPC and sentenced him to suffer imprisonment for life and a fine of Rs. 5,000/- with default stipulation.

(3.) As per prosecution case, on 10.08.2010, at about 5.00 pm, an altercation took place between the husband of the informant (victim) and the appellant on some domestic issues and in course of the altercation, the accused fetched a dao from his house with an intention to kill the victim and dealt various blows on his head, chest and arms and thereby caused grievious injuries to the victim. Immediately, thereafter, the victim was taken to the Mongaldoi Civil Hospital, wherefrom he was again shifted to Gauhati Medical College and Hospital, where, he succumbed to the injuries. The FIR was lodged by PW 2, Panchami Deka, on the basis of which, the police registered Dhula P.S. Case No. 256 of 2012 under Section 302 IPC and commenced investigation.