KUSUM GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgement and order, dated 28.06.2006, passed, in Sessions Case No. 36 (NL)/2005, by the learned Sessions Judge, Lakhimpur, convicting the accused-appellant under Section 302 and 201 IPC and sentencing him to suffer, for his conviction under Section 302 IPC, imprisonment for life with fine of Rs. 2,000/- and, in default in payment of fine, suffer further rigorous imprisonment for 1 (one) month and also to under, for his conviction under Section 201 IPC, rigorous imprisonment for a period of 2 (two) years and to pay fine of Rs. 3,000/- and, in default, suffer rigorous imprisonment for a further period of 1 (one) month, both the sentences having been directed to run concurrently. The case of the prosecution may, in brief, be described thus:

(2.) During the course of investigation, the floating dead body of Indira Gogoi was recovered by the police from the Kora river with the help of the members of the public, inquest was held over the said dead body and the same was subjected to post mortem examination. On completion of investigation, police laid charge-sheet against the accused under Sections 302 /201 IPC.

(3.) When the charges, under Section 302 /201 IPC were framed against the accused, during trial, the accused pleaded not guilty thereto.