BROJEN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. D. Mazumdar, learned Amicus Curiae for the appellant. Also heard Ms. S. Jahan, learned Addl. P.P.,Assam.

(2.) The present appellant preferred appeal against the Judgment dtd. 19/9/2017 passed by learned Sessions Judge, Lakhimpur at North Lakhimpur in Sessions Case No. 174 (NL) of 2016 by which the appellant has been convicted u/s 302 of IPC and sentenced to undergo life imprisonment with a fine of Rs.5,000.00 only in default to undergo rigorous imprisonment for a period of 6 months .

(3.) The prosecution case against the appellant is that an FIR was lodged on 16/9/2016 by one Suren Das, the brother of the appellant that on 16/9/2016 at 9 AM, the appellant entered the house of his married sister Smt. Jayanti Das, wife of Sri Suren Das' resident of Singimari Doloni village and grievously wounded her by giving dao blows on her and immediately thereafter, the complainant took his sister to Boginadi Primary Health Centre where she died while receiving treatment. Based on the aforesaid FIR a police case was registered as Boginadi P.S Case No. 132/16 u/s 302 of IPC. Investigation was launched thereafter and on completion of the investigation, the appellant was charged for committing offence u/s 302 of IPC and accordingly was tried before the learned Addl. Sessions Judge, FTC, Lakhi-mpur, North Lakhim pur for the said offence.