JUDGMENT :

(Mridul Kumar Kalita, J.)

1. Heard Mr. A. K. Gupta, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam.

2. This Appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973, by the appellant Shri Dipen Rajkonwar, impugning the judgment and order dated 13.06.2011, passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 160/2008, whereby the present appellant was convicted under Section 304 Part-1 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 10,000/-, and in default of payment of fine to undergo rigorous imprisonment for a period of another one year.

3. The appellant was also convicted under Section 324 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/-, and in default of payment of fine to undergo rigorous imprisonment for a period of another six months. It was directed that both the sentences shall run concurrently.

4. The facts relevant for adjudication of this instant Criminal Appeal, in brief, are as follows:

(i) That on 22.04