- (1.) THE appellant herein stands convicted under Section 304 Part-I of the Indian Penal Code vide judgment dated 18.9.2012 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 60(DH) of 2007. After convicting the appellant he has been sentenced to undergo Rigorous Imprisonment for 10 years and also to pay fine of Rs. 10,000/- with default stipulation further RI for one year. Being aggrieved by the conviction and sentence the accused has preferred this appeal from jail.
(2.) HEARD Mr. M. Biswas, learned Amicus Curie for the appellant and Mr. BJ Dutta, learned Addl. PP, Assam. Also gone through the impugned judgment and the prosecution evidence. The gist of the prosecution case is that on 1.1.2006 two groups of young boys went for a picnic on the same spot. While the deceased was returning from the picnic spot with his friends the accused and his fellow members from the other group obstructed him on the way and an altercation took place. Suddenly, the appellant stabbed the deceased with a knife. The accused was apprehended on the spot and the deceased was taken to different hospitals for treatment. The deceased succumbed to the injuries after 11 (eleven) days of the incident.
(3.) THE FIR was lodged on 5.1.2006 by the father of the deceased alleging that 4/5 unknown persons had assaulted his son with sharp weapon. Initially, Silapathat PS Case No.3 of 2006 under Section 341/326/307/34 of the Indian Penal Code was registered. Subsequently, Section 302 of the IPC was added after the death of the victim. After completion of the investigation the appellant was charge-sheeted and after the trial he has been convicted under Section 304 Part ­I of the IPC.;