RAT CHAND BAHADUR MAGAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 01.10.2011, passed by the learned Sessions Judge, Kamrup, Guwahati, in Sessions Case No. 228(K)/2010, whereby the learned Sessions Judge, convicted the appellant under Section 302 IPC and sentenced him to suffer imprisonment for life and pay fine of Rs. 5000/-, in default, R.I. for 3(three) months. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal, from jail.

(2.) There being none to represent the appellant, Mr. I.H. Saikia, learned Counsel, has been appointed as Amicus Curiae, at the cost of the State.

(3.) The prosecution case, in brief, is that, on 04.04.2010, at about 4.30 P.M., when the deceased i.e. wife of the PW-1 was cleaning utensils in her courtyard, the appellant, who was the domestic assistant in her house, inflicted blows on her head and shoulder with a spade, causing injuries on her person. The appellant was apprehended by the husband of the deceased and other neighbors and was handed over to the Police along with the seized spade. The victim was initially shifted to Guwahati Medical College (in short, GMCH) and thereafter to GNRC for medical treatment. She succumbed to the said injuries, during the period of her treatment.