JOYNAL BEPARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal against conviction has been preferred from Jail assailing the judgment and order dtd. 11/10/2018 passed by the learned Sessions Judge, Dhubri in connection with Sessions Case No.88/2017 convicting the sole appellant under Sec. 302 of the Indian Penal Code (IPC) for committing the murder of his wife Tara Bhanu and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000.00, in default, to undergo rigorous imprisonment for another six months.

(2.) The prosecution case, in a nutshell, is that in the early morning of 22/9/2016, the accused, who is the husband of the deceased, caused grievous injury on the head of Tara Bhanu as a result of which, she had to be shifted to the Dhubri Civil Hospital. Later on, the victim was shifted to the Gauhati Medical College and Hospital (GMCH) where she succumbed to her injuries after two days.

(3.) On 22/9/2016 an ejahar was lodged before the Officer-in-Charge, Dhubri Sadar Police Station by Habibor Miah i.e. the younger brother of the victim, based on which, Dhubri P.S. Case No.995/16 was initially registered under Ss. 341/326 IPC. However, after the death of the victim on 28/9/2016, sec. 302 IPC was added. The police took up investigation in connection with Dhubri P.S. Case No.995/2016 and upon completion of investigation, submitted charge-sheet against the accused/appellant. Based on the charge-sheet, the learned trial court had framed charge against the accused under Sec. 302 of the IPC for committing the murder of his wife. Since the appellant had pleaded not guilty and claimed to be tried, the matter went up for trial.