SUNIL KUMAR GURUNG Vs. STATE OF ASSAM

JUDGEMENT

(1.) In challenge is the judgment and order dated 24.8.2007 rendered by the learned Addl. Sessions Judge (FTC) at Dibrugarh in Sessions Case No. 105/02 convicting the accused/appellant under Sec. 302 Penal Code and sentencing him to undergo imprisonment for life and to pay a fine of Rs.10,000.00, in default, to suffer rigorous imprisonment for further six months.

(2.) We have heard Mr PJ Phukan, learned Amicus Curiae for the appellant and Mr Z Kamar, learned Public Prosecutor, Assam for the respondent.

(3.) One Samu Mura lodged an FIR with the Officer-in-Charge, Rajgarh Police Outpost alleging that while his daughter Mariyam Mura was approaching her home on her return from the Karangani Tea Estate, her husband Sri Sunil Gurung (accused/appellant) assaulted her with a 'dao' following which she succumbed to the injuries sustained. Tingkhong P.S. Case No. 76/2001 under Sec. 302 Penal Code was registered on receipt of the aforementioned FIR and on the completion of the investigation, charge sheet under the said section of law was laid against the accused/appellant. He was also charged under the same provision to which he pleaded 'not guilty'. At the trial, the prosecution examined seven witnesses. In course of his examination under Sec. 313 Crimial P.C., the accused/appellant adopted the plea of denial. The Court examined three witnesses from its side. By the impugned judgment and order the accused/appellant has been convicted and sentenced as above.