MILOO GOALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Criminal Appeal (J) No.112/2018, has been preferred by appellant Sri Miloo Goala, against the judgment and order, dated 10.07.2018, in Session Case No. 99(S-S)/2013, passed by the learned Sessions Judge, Sivasagar, convicting and sentencing him to rigorous imprisonment for life for offence punishable under Section 302 of the IPC and to pay a fine of Rs 1,000/-, and in default to undergo simple imprisonment for 1 (one) month.

(2.) Heard Mr. Bhaskar Baruah, learned Amicus Curiae appearing for the appellant as well as Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the State of Assam.

(3.) The prosecution case, as unfolded during the trial, is that on 17.02.2013, while his wife Jayanti Gosai @ Goala was cutting betel nut, the appellant suddenly hit on her head with a wooden batten. Thereafter, also several assaults were inflicted on her by the appellant with the wooden batten. Then she was taken to Amguri Hospital by PW8 (father-in-law of the deceased) and therefrom to Jorhat Hospital. But, she succumbed to her injuries.