UPEN BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.K. Bhattacharyya, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor assisted by Ms. P. Bora, learned counsel.

(2.) This appeal has been filed against the impugned judgment dtd. 4/6/2018 passed by the Court of Sessions Judge, Karbi Anglong, Diphu, Assam in Sessions Case No.35/2012, by which the appellant was convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000.00, in default to undergo simple imprisonment for 6 (six) months.

(3.) The prosecution story in brief is that an FIR dtd. 10/3/2012 was submitted before the Officer-in-charge, Dokmoka Police Station by Prosecution Witness-2 (PW-2), stating that her husband Kamal Basumatary was murdered by the appellant with a spade, while the deceased was watching T.V in his house at about 4:30 p.m. Pursuant to the FIR dtd. 10/3/2012, Dokmoka P.S. Case No.11/2012 under Sec. 302 IPC was registered. The investigation of the case was initiated and after concluding the same, the I.O. submitted a charge-sheet, on finding a prima facie case against the appellant under Sec. 302 IPC.