DAKSHINA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, herein, has been convicted for the murder of his own wife. Hence, this appeal is directed against the judgment dated 13.09.2010, passed by the learned Additional Sessions Judge (FTC), Cachar, in Sessions Case No. 20 of 2010. By this impugned judgment, the appellant has been convicted under Section 302 of the Indian Penal Code, 1860, (hereinafter, in short 'IPC'), and he has been sentenced to undergo Imprisonment for Life and also to pay a fine of Rs. 2,000/- (Rupees Two Thousand), with default stipulation of further RI for 3 (three) months under Section 302 IPC. Being aggrieved with the conviction and sentence the convict has preferred this appeal from jail.

(2.) SINCE the appeal was filed from jail Sri P D Nair, learned counsel was appointed as Amicus Curiae for the appellant. When the appeal was taken up for hearing, the learned counsel was found absent. Hence, we appointed Sri A R Talukdar, as Amicus Curiae to represent the appellant.

(3.) THE prosecution case, in short, is that the incident took place in the night of 19.10.2009, at about 10:00 pm. At that time, the deceased was with her husband and 2 (two) children. Suddenly, people from the neighbourhood heard the hue and cry and thy rushed to the house of the accused. However, the accused did not allow them to enter the house and instead chased them away by showing a dao. Hence, the Police was informed. Subsequently, the accused was overpowered and the dead body of his wife was found inside his dwelling house. The formal FIR was lodged by the VDP Secretary (PW-1) on the next morning. After registering the case under Section 302 IPC, the accused was arrested and after investigation chargesheet was submitted. Thereafter, the accused has been convicted for the said offence by the learned Additional Sessions Judge.