LAWS(GAU)-2021-9-16

PHALIT PAIK Vs. STATE OF ASSAM

Decided On September 06, 2021
Phalit Paik Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. U. Choudhury, learned Amicus Curiae appointed by this Court to assist this Court on behalf of the appellant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the State.

(2.) The present appeal has been preferred against the judgment dated 24.01.2018 passed by the learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 21 of 2012 by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 10,000/- (Rupees ten thousand) only in default to undergo further simple imprisonment for 3(three) months.

(3.) The brief facts of the case as can be gathered from the records is that an FIR was lodged by one Sri Taralal Paik, the brother-in-law of the deceased and the brother of the accused on 07.08.2011 stating that while his sister-in-law Pinki Paik @ Rekha Paik was returning back from work on 06.08.2011 at about 4:00 PM, her husband, Phalit Paik hacked her to death with a dao behind Maindamani School.