PREMA BAGLARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Purnima Baruah Bordoloi, learned Amicus Curiae and Ms. S. Jahan, learned Additional Public Prosecutor for the State.

(2.) This jail appeal is directed against the judgment and order dated 14.03.2018 passed by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No. 60/2015, whereby, the accused-appellant has been convicted under Section 302, Indian Penal Code (I.P.C.) and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees five thousand), in default, to undergo rigorous imprisonment for further 1 (one) month. The accused-appellant has also been convicted under Section 201, I.P.C. and on that count, he has been sentenced to undergo rigorous imprisonment for 5 (five) years and to pay a fine of Rs. 1,000/- (Rupees one thousand), in default, to undergo rigorous imprisonment for further 1 (one) month. Both the sentences are directed to be run concurrently.

(3.) The case of the prosecution, as unfolded by the Ejahar lodged on 21.01.2012 before the Officer In Charge, Misamari Police Station by one Md. Jamal Uddin Talukdar (P.W.2), was to the effect that on 31.12.2011, his elder sister viz. Padma Talukdar (Waheda) had gone to her work at Misamari Military Dairy Farm but she did not return thereafter. Having found her missing, the informant i.e. P.W.2 on 02.01.2012, had lodged an Ejahar with the Misamari Police Station. While making search for his sister, the informant had found her decomposed dead body and the bicycle at about 9-00 a.m. on 21.01.2012 in a thick jungle near the OMC and Misamari Dairy Farm. The informant suspected that some unknown miscreant after killing his elder sister, had thrown her dead body into the jungle.