LAWS(GAU)-2020-1-50

SANJAY DAS Vs. STATE OF ASSAM

Decided On January 10, 2020
SANJAY DAS Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The appellant Sanjay Das has been convicted under Section 302 of the Indian Penal Code (IPC) for committing the murder of his sister Smt. Kalpana Das and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.10,000/-, and in default, to undergo rigorous imprisonment for a further period of three months.

(2.) The prosecution case, in short, is that Kalpana Das was the elder sister of the appellant Sanjay Das who used to work as a member of an NGO 'Nandini'. On 28.03.2017, a quarrel broke out between the accused and his sister whereby, the accused had assaulted the victim as a result of which, she had sustained grievous injuries in her head resulting into her death.

(3.) On 28.03.2017, Sri Diganta Kumar Das, the president of the NGO 'Nandini', had lodged an ejahar with the Officer-in-charge of Rangapara Police Station based on which, Rangapara P.S. Case No.49/2017 corresponding to G.R. No.1090/2017, was registered under section 302 IPC. During investigation, the I.O. had visited the place of occurrence and recorded the statements of the witnesses. Post-mortem was conducted on the body of the deceased. The accused was also arrested on 11.04.2017. On completion of investigation, the I.O. had submitted charge-sheet, based on which, formal charge was framed against the appellant under section 302 IPC. The appellant had pleaded not guilty. Hence, the matter was sent up for trial.