JUDGMENT AND ORDER (ORAL)

Date : 23-01-2020

Heard Ms. R.D. Mazumdar, learned Amicus Curiae for the accused-appellant and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State.

2. This appeal from jail is presented against the judgment and order dated 05.07.2018 passed by the learned Sessions Judge, Jorhat at Jorhat in Sessions Case No. 41(J-J)/2014 whereby the accused-appellant has been convicted under Section 304 Part–II, Indian Penal Code (I.P.C.). The accused-appellant has been sentenced to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 10,000/-, in default, to undergo rigorous imprisonment for a further period of 6 (six) months.

3. The ejahar was lodged by one Smti. Jina Bora (P.W.1), who is the wife of the deceased. In the ejahar lodged by P.W.1 on 30.12.2013 before the In-charge, Lahdoigar Police Out Post, the informant had, inter-alia, alleged that at about 11-00 a.m., on 29.12.2013, Sunday, the accused was seen fishing in the pond under the possession of her father-in-law, after secretly trespassing into the same. Having seen him, her father-in-law, Sri Tukheswar Bora (P.W.6) and her husband, Arup Bora went near him but without any re