SRIRAM MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Under assailment is the judgment and order dated 30.6.2004 passed by the 1st Addl. Sessions Judge (Ad hoc), Sibsagar in Sessions Case No. 19 (S-C/2004 convicting accused-Appellant under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for Life and also to pay a fine of Rs. 5,000, in default, to suffer R/I for further 6(six) months.

(2.) We have heard Mr. U. Das, learned amicus curiae for the accused-Appellant and Mr. D. Das, learned Public Prosecutor for the State.

(3.) The prosecution case is traceable to an FIR lodged on 5.10.2003 by one Sri Bidya Majhi with the Officer-in-Charge, Sapekhati Police Station alleging that on the previous day at about 3 P.M. his son-in-law Shri Sriram Mura (accused-Appellant) had hacked his (accused-Appellant) wife Smt. Beena Mura with a dao in the courtyard of one Heera Mura, following which, the injured had succumbed to her injuries. On the FIR, Sapekhati Police Station registered Sapekhati P.S. Case No. 45/2003 under Section 302 of the Indian Penal Code and on the completion of the investigation, charge sheet was laid against the accused-Appellant under the above provision of law. He having denied the charge framed against him under the said section of the Indian Penal Code by the learned court, the prosecution examined its witnesses in support of its case. In course of the investigation, the confessional statement of the accused-Appellant was also recorded under Section 164 of the Code of Criminal Procedure. On the completion of the recording of the evidence of the prosecution witnesses, the statement of the accused-Appellant under Section 313, Code of Criminal Procedure was recorded. The learned trial court on a consideration of the materials on record, convicted and sentenced the accused-Appellant thereafter by the judgment and order impugned herein.