MANISH KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B Sharma, learned Amicus Curiae and Ms. S Jahan, learned Addl. Public Prosecutor. Also heard Mr. S Dutta for the respondent (Informant).

(2.) This appeal has been filed against the Judgment and Order dtd. 22/7/2019 passed by the learned Sessions Judge, Goalpara in Sessions Case No. 289/2017, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000.00, in default, to undergo Simple Imprisonment for 6 (six) months.

(3.) The learned Amicus Curiae submits that there was no eye witness to the incident and that the statement of the daughter of the deceased, recorded under Sec. 164 Cr.P.C cannot be admissible as evidence, as the daughter of the deceased was not examined by the learned Trial Court. The learned Amicus Curiae also submits that the neighbours of the appellant have also adduced evidence, to the effect that, they did not know as to how the deceased got burnt. Further, as the husband (appellant) had taken the deceased to the Hospital, the same would imply that the appellant was, in fact trying to save the deceased from the injuries sustained by the deceased. She accordingly prays that the impugned judgment and order should be set aside.