SUFAL BASKEY KOKRAJHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Goswami, learned Amicus Curiae for the appellant and Mr. M. Phukan, learned Addl. P.P., Assam for the respondent State.

(2.) This appeal is directed against the judgment and order dated 11.01.2019 rendered by the learned Sessions Judge, Kokrajhar in Sessions Case No. 23/2017, whereby, the appellant was convicted under Section 302 IPC and sentenced to rigorous imprisonment for life and fine of Rs. 3000/- with default stipulation.

(3.) The case of the prosecution, in brief, was that on 24.10.2016, at about 1 PM, when the appellant Saful Baskey and his wife Fulmoni Saren (deceased) were coming home from kaliabari Bazar, the appellant Saful Baskey dragged his wife Fulmoni from the road towards the river side, where the appellant hit on the face of his wife with stones kept in the umbrella, and thereby caused multiple injuries. After inflicting the injuries, the appellant had thrown her on the bank of the river. At about 4 AM, when the appellant and his younger son went to the bank of the river to bring her (injured) home, she was found in unconscious state. Later on, Fulmoni died and the appellant Saful Baskey surrendered before the Police Out Post. Lakhiram Hasda (PW-4) lodged an FIR (Ext.2) before the in-charge of Sapkata Out Post, who made a GD entry and forwarded the FIR to Gossaigaon Police Station for registering a case. On the basis of the said FIR, the officer-in-charge of Gossaigaon Police Station registered Gossaigaon P.S. Case No. 588/2016 under Section 302 IPC and upon completion of investigation submitted charge sheet against the appellant under Section 302 IPC.