SITARAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. D. Konwar, learned Amicus Cariae for the appellant and the learned P.P.

(2.) This appeal is directed against the Judgment and order dated 3.7.98 passed by the Sessions Judge, Golaghat in Sessions Case No. 62/93 (G.R. Case No. 1531/90) whereby the accused appellant was convicted u/s 302, IPC, and sentenced him to imprisonment for life and to pay a fine of Rs. 1,000/- in default further imprisonment for one year.

(3.) This is an unfortunate case of death of a young house wife while she was carrying seven months old pregnancy. Dr. Ajit Kr. Sarmah (PW-1) held the autopsy over the dead body and found the following injuries: "I found no external injury on the person of the deceased. So I kept the organs and sent them to F.S.L. Guwahati for examination. Container No. 1 contains liver and stomach, container No. II contains heart and kidney. The woman was seven months pregnant. On examination after exploration of uterus seven months size baby (dead) was obtained. Baby was male. In my opinion cause of death could not be ascertained. Hence, visceras are preserved for analysis."