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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Mitali Thakuria
Punya Kanta Das, S/O Sri Sindhura Das – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. establishment of key facts of the case. (Para 2 , 3 , 4 , 5 , 6) |
| 2. court's reasoning on the lack of intent. (Para 8 , 36) |
| 3. appellant challenges conviction based on evidence. (Para 9 , 12) |
| 4. argument on the nature of the incident. (Para 10 , 13 , 15) |
| 5. final verdict and release of the appellant. (Para 44) |
JUDGMENT :
Mitali Thakuria, J.
Heard Mr. B.M. Choudhury, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam appearing for respondent State.
2. This Criminal Appeal under Section 374(2) of the Cr.P.C is directed against the Judgment and Order dated 11.03.2011, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 85 (JJ) of 2007 (corresponding to G.R. Case No. 285/2002), whereby the appellant/accused has been convicted under Section 304 (Part I) of the INDIAN PENAL CODE and sentenced him to undergo R.I. for five (5) years and to pay a fine of Rs.3,000/- (Rupees three thousand) and in default to payment of fine, to undergo R.I. for another two (2) months.
3. The case set up by the prosecution is to the effect that on the date of occurrence i.e. on 04.04.2002, while UBC Constable Ziaul Islam and Constable
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