LILA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal by the appellant/accused is against the judgment and order of conviction and sentence dated 17.03.2015 passed by learned Additional Sessions Judge, Golaghat in Sessions Case No. 16/2011 arising out of G.R. No. 230/2010 corresponding to Borpathar Police Station Case No. 65/2010, whereby the appellant has been convicted under Sections 302/447 of the IPC and sentenced to undergo Life Imprisonment and to pay a fine of Rs. 5000/-, in default to undergo Rigorous Imprisonment for further period of 3 (three) months for the offence under Section 302 IPC and to undergo Rigorous Imprisonment for 1 (one) month for the offence under Section 447, where both the sentences to run concurrently.

(2.) Heard Dr. B. N. Gogoi, learned counsel for the accused appellant and Mr. H. Sarma, learned Additional Public Prosecutor, Assam for the respondent No. 1 State. Respondent No.2/informant did not appear in the matter.

(3.) The case is unfurled when Beauty Saikia, PW.6 daughter of the deceased Mulai Saikia on 16.11.2010 lodged a written ejahar before the Officer-in-Charge of Borpathar Police Station stating that around 2:00/2:30 pm, on that day, the accused Lila Saikia came charging to their enclosed orchard and killed her father Mulai Saikia by striking him with a sharp weapon. The said ejahar (Exhibit-3) was accordingly registered as Borpathar Police Station Case No. 65/2010 under Section 302 IPC corresponding to GR No. 230/2010.