NARU MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order passed by the Sessions Judge. Karimganj in Sessions case No. 22/97 on 10.7.98.

(2.) This is a case of unfortunate death of a young school teacher Aparna. The deceased Aparna Das came into contact with the accused Naru Mazumdar and they fell in love and a registered deed of marriage was executed in between them. The couple along with the mother and sister of the deceased went for all India trip. The relationship however soured. As regards the solemnisation of social marriage between the parties, the accused was insisting for a social marriage whereas the girl was adamant in not going through the marriage ceremony. On the previous evening of the date of occurrence, the accused along with his friends came and there was hot altercation between the parties and, the accused threatened the deceased. On the date of occurrence at about 7 A.M. the deceased went to Harizan Colony to attend a private tution and her dead body was found lying on the road with stab injuries. An FIR being lodged named the accused as assailant, police held usual investigation. The accused was tried for the offence under Section 302 IPC. During the trial prosecution examined as many as 10 witnesses including the doctor and the investigating police officer. On conclusion of the trial, the learned Sessions Judge convicted the accused-appellant under Section 302 IPC and sentenced him with rigorous imprisonment for life and to pay a fine of Rs. 5,000/- and in default, to further imprisonment for two months. Hence the present appeal.

(3.) There is oral and medical evidence on record regarding the death of the deceased on the date of the occurrence as a result of the injury sustained by her. PW-9 is Dr. Krishna Prasanna Sinha who held the post mortem over the dead body and found as follows -