PRABHAT CH. SEAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is preferred by the accused appellant Prabhat Chandra Seal against the Judgment of conviction and sentence dtd. 19/10/2015 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 222/2014, arising out of Tamarhat Police Station Case No. 09/2011 (corresponding to G.R. Case No. 397/2011), whereby the accused has been convicted under Ss. 302 of the Indian Penal Code for committing murder of his wife Maya Rani and sentenced him to undergo Rigorous Imprisonment for Life and to pay a fine of Rs.1,000.00(Rupees one thousand), in default, to undergo further Simple Imprisonment for 6 (six) months, setting off the period of detention already undergone against the term of imprisonment imposed, directing the authorities to destroy the seized article in due course.

(2.) Heard Mr. Zahangir Hussain, learned Amicus Curie for the appellant and Ms. Shamima Jahan, learned Additional Public Prosecutor, Assam for the respondent No.1. As per the office note and the report of the Officer-in-Charge of Tamarhat Police Station dtd. 23/3/2016, notice of this appeal was served upon the respondent No. 2, informant of the case, but he did not appear in the matter.

(3.) The prosecution's case as narrated in the ejahar (Exhibit-1) is that one Sudhayanna Roy (PW.1), Secretary of the Village Defence Party of Village Ujan Petla Part-I on 18/1/2011 submitted a written ejahar before the Officer-in-Charge of Tamarhat Police Station stating that during the pre-dawn of 18/1/2011 around 03:00 am one Prabhat Chandra Seal resident of Ujan Petla Part-I Village hacked his wife Smti. Maya Rani Seal with an axe and killed her. On coming to know about the said incident around 09:00 in the morning, he visited the site, apprehended the accused and handed him over to the police. By the said ejahar the informant requested the police authority to investigate the matter and to do the needful.