BABIL HASSA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P.D. Bordoloi, learned Amicus Curiae, appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State of Assam.

(2.) This is an appeal under Sec. 374(2) of the CrPC challenging the Judgment and Order dtd. 22/3/2016 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 149/2014, convicting the appellant under Ss. 302/326 of the Indian Penal Code. He was sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs.5,000.00 and in default of payment of fine, he was sentenced to undergo Simple Imprisonment of 3 (three) months. For the offence under Sec. 326 of the IPC, the appellant was sentenced to undergo RI for 3 (three) years and was also sentenced to pay a fine of Rs.3,000.00, i/d SI for 3 (three) months.

(3.) The prosecution case against the appellant depicts a horrific story. On 4/5/2014, past midnight, the appellant attacked his wife (the deceased) and his two minor daughters, namely, Smti. Anu Hassa (PW-3) and Smti. Tanu Hassa (PW-4) with a sharp weapon. The appellant had chopped off the head of his wife with a dao. He also caused cut injuries to PW-3 and to PW-4. Thereafter, the appellant picked up the head of his wife and straight way went to the Police Station at Tengakhat. The appellant confessed before Police that he had killed his wife.