SANJOY KERKETA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Mr. N. Hasan, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State. None has appeared for the informant/ respondent No.2.

(2.) This appeal from Jail has been preferred by the sole appellant assailing the judgment and order dated 09.01.2019 passed by the Court of learned Additional Sessions Judge, Udalguri in connection with Sessions Case No.20/2018 convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for six months. The appellant/accused has also been sentenced to undergo rigorous imprisonment for 3 (three) years and to pay a fine of Rs.5000/-, in default, to suffer simple imprisonment for 3 (three) months for the offence committed under Section 201 of the IPC. Both the sentences were to run concurrently.

(3.) The prosecution case, as unfolded by the materials available on record, is to the following effect. On 08.10.2017, the public of the locality got foul smell emanating from the house of the accused and when asked, the accused had confessed to have assaulted his wife, Fultuli Baraik, to death with a "lathi" and dumped the dead body in the septic tank of the latrine of his house.