MANA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.3.2004 passed by the learned Addl. Ad hoc Sessions Judge, Jorhat in Sessions Case No. 61(J-J)/2003 by which the accused/Appellant has been convicted under Section 302, IPC and sentenced to undergo R.I. for life and to pay a fine of Rs. 5,000, in default, to undergo R.I. for four years more. Aggrieved, the accused/Appellant who is in jail has preferred the present appeal.

(2.) We have heard Mr. R.M. Choudhury, learned amicus curiae and Mr. Z. Kamar, learned Public Prosecutor, Assam.

(3.) The law was set in motion by P.W.2, Smt. June Saikia by lodging an FIR in the Garmur Police Station at about 12.10 p.m. of 12.5.2002. In the aforesaid FIR it was stated that at about 12 noon of 10.5.2002 the accused/Appellant who is the brother-in-law of the first informant (husband's brother) had quarrelled with her husband Basanta Saikia and had injured him grievously by cutting him with a 'kapi dao'. According to the first informant, along with some persons she had removed her injured husband to the hospital but he had succumbed to the injuries en route.