SUBHAS DAS @ ANIL Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A. Jahid, learned counsel appearing on behalf of Mr. A. Sarma, learned Amicus Curiae for the appellant. Also heard Mr. H.K. Sarma, learned APP, Assam. This appeal from jail is against the judgement of conviction dated 29/09/20008 passed by the learned Additional Sessions Judge (FTC) Sivasagar in Sessions Case No. 36(S- S)2008 convicting the accused appellant under Section 302 IPC and sentencing him to undergo RI for life with fine of Rs. 1,000/- and in default RI for another 3 (three) months.

(2.) SIVASAGAR PS Case No. 352/2007 was registered under section 302 IPC on the basis of the FIR dated 27.6.2007 lodged by the PW-1. It was stated in the FIR that the accused appellant who was staying in her rented house had killed his daughter and she was informed about the incident at about 6'O clock morning.

(3.) THE injury was ante-mortem in nature. The Doctor opined that death was due to shock and hemorrhage as a result of injury sustained. Posing the question as to whether the death was caused by the accused appellant, the learned trial Court after discussing the entire evidence on record has come to the conclusion that it was the accused appellant who had committed the offence and accordingly convicted him under Section 302 IPC.