REJINA KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Tewari, learned counsel for the petitioner. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, appearing for the State of Assam.

(2.) This appeal has been preferred against the judgment dtd. 8/7/2020, passed by the court of the learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 184/2018, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.1,000.00, in default to undergo rigorous imprisonment for another three months.

(3.) The prosecution case in brief is that an FIR dtd. 9/8/2018 was submitted by Prosecution Witness No. 2, (in short PW-2) before the Officer-In-Charge, Moran Police Station, Dibrugarh stating that at around 1:00pm, on 9/8/2018, he saw his uncle, namely, Haradhan Karmakar lying dead in his house. That his uncle had been living with the appellant, who was his live-in partner, as no marriage had been solemnised between them. The FIR also states that PW2 came to know that his uncle and the appellant used to quarrel with each other often and that on the night of 8/8/2018, a quarrel took place between them, whereafter the appellant left the house and stayed in the house of some other person. PW-2 stated that seeing injuries on the head and other parts of the dead body of his uncle, it appeared that the appellant had killed his uncle. Consequent to the FIR, Moran Police Station Case No. 219/2018 under Sec. 302 IPC was registered.