(1.) Heard Mr. N.J. Das, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel/Addl. Public Prosecutor, Assam assisted by Ms. M. Chakraborty, learned counsel appearing for respondent.
(2.) This appeal is preferred against the judgment and order dtd. 28/9/2018 passed by the Addl. Sessions Judge, Charaideo in Sessions Case No.10(S-C) of 2016 whereby the appellant was convicted under Sec. 302 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence under Sec. 302 and 7 years of rigorous imprisonment for Sec. 201 of the Indian Penal Code and to pay fines, with default stipulations.
(3.) The prosecution in a nutshell is like this- Smti. Sumitra Panika had adopted a minor girl called Soru Kharia. Smti. Sumitra Panika is the mother of the present appellant. On the other hand, Soru Kharia is the niece of the complainant Babu Paik.