BIPIN DOHOTIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned Amicus Curiae appearing for the appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State. None has appeared for the informant.

(2.) This appeal is directed against the judgment and order dtd. 15/11/2018 passed by the learned Additional Sessions Judge No.2 (FTC), Tinsukia in connection with Sessions Case No.72(T)/2015 whereby, the sole appellant was convicted under Sec. 302 of the Indian Penal Code for committing the murder of Amila Moran and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.10,000.00, in default, to undergo rigorous imprisonment for another one year.

(3.) The prosecution case, in a nutshell, is that the appellant, who had an illicit relationship (love affair) with Amila Moran, had strangulated her to death and thereafter left the dead body under a bed and fled the scene. On 26/9/2014, the husband of the victim Sri Gethela Dohotia i.e. PW-5 had lodged an F.I.R. before the Officer-in-Charge of Baghjan Police Station based on which, Baghjan P.S. Case No.33/2014 was registered under Sec. 302 of the IPC. Upon completion of investigation the Investigating Officer (I.O.) had submitted charge-sheet against the accused under Sec. 302 of the IPC. Since the accused had pleaded innocence and claimed to be tried, the matter went up for trial.