LALU KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. D. Mazumdar, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State respondent.

(2.) This jail appeal has been preferred against the judgment and order, dtd. 17/2/2023, passed by the Additional Sessions Judge Cum Special Judge, POCSO, Tinsukia, in Sessions Case No. 111 (T) of 2022, whereby, the learned Additional Sessions Judge, Tinsukia, has convicted the present appellant under Sec. 302 of the Indian Penal Code and thereby sentenced him to undergo Rigorous Imprisonment for life and also imposed fine of Rs.5,000.00 (Rupees five thousand) only and in default to undergo Simple Imprisonment for 1 (one) month.

(3.) The brief facts of the prosecution case is that on 22/5/2022, one Reena Muna, wife of Late Ram Charan Karmakar of Badlabhata T.E. Spring Line, had expired at Longswal Central Hospital. During her treatment at the hospital, the deceased stated before the nurses of the hospital that she was physically assaulted by her son- Lalu Karmakar (present appellant) in the evening of 18/5/2022, resultant to which she received injuries and on 19/5/2022, the deceased was taken to the hospital in an ambulance and thereafter she was shifted to Longswal Central Hospital in a critical condition, where she succumbed to her injuries on 20/5/2022. After coming to know about the same, one Dhiren Manki of Badlabhata T.E. Spring Line, lodged the F.I.R. before the Officer-In-Charge of Doomdooma Police Station and on the basis of which, Doomdooma P.S. Case No. 155/2022, under Sec. 302 of the Indian Penal Code, was registered and on completion of investigation, the I.O. submitted the Charge-Sheet against the present accused/appellant under Sec. 302 of the Indian Penal Code.