KULDIP PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.7.98 passed by the Sessions Judge at Barpeta in Sessions Case No. 62/96 convicting and sentencing the appellant under Section 302 IPC for life and to pay a fine of Rs. 2000/-, in default, to payment to R.I. for six months.

(2.) We have heard Mr. J.M. Choudhury, learned counsel for the appellant and also Mr. J. Singh, learned, Public Prosecutor, Assam.

(3.) An ejahar was lodged with the Bhabanipur Police Out Post on 24.4.1995 with the information that the complainant's daughter Ms. Dulu Devi was taken away by some miscreants from their house in the night between 23.4.95 and 24.4.95 and, thereafter, she was killed brutally. Shri Kuldip Pathak, the appellant, was named as the only suspect as he had love affairs with the deceased. The ejahar was forwarded to the Officer-Inchange of Barpeta Police Station and a case was registered under Section 364/302 IPC. Eventually, on conclusion of investigation, the police submitted charge sheet against the appellant Shri Kuldip Pathak under Section 364 and 302 I.P.C.