CHARUA KACHUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.J. Talukdar, learned Senior counsel and amicus curiae in this appeal, assisted by Ms. U. Augusty, learned counsel for the appellant. Also heard Mr. D. Das, learned Addl. P.P. for the State.

(2.) The appellant, who is in jail has filed this appeal under Sec. 374(2) Cr.P.C. read with Sec. 383 Cr.P.C. against the judgment and order of sentence dtd. 19/7/2019, passed by the learned Sessions Judge, Udalguri in Sessions Case No. 43/2017, thereby convicting the appellant under Sec. 302 IPC and sentencing him to undergo imprisonment for life.

(3.) One Manoj Kumar Mishra had lodged an FIR on 8/12/2015 with the O/C, Dimakuchi P.S., informing that during the night hours on 6/12/2015, Dipali Kachua (Kujur), who used to work in his tea garden had passed away. It was informed that he came to know in the morning of 7/12/2015 that her husband Charua Kachua @ Sushil Kujur had killed her under the influence of liquor and thereafter he fled, taking his eight year old daughter along with him. It was informed that he got her post mortem (PM for short) done and made arrangements for her cremation. Accordingly, the Dimakuchi P.S. Case No 63/2015 dtd. 8/12/2015 under Sec. 302 IPC was registered. In the course of investigation, on finding sufficient evidence against the appellant, charge-sheet dtd. 31/5/2016, was submitted against the appellant.