LAWS(GAU)-2023-7-34

KULAI MURA Vs. STATE OF ASSAM

Decided On July 25, 2023
Kulai Mura Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. H Gupta, learned Amicus Curiae appearing for the appellant. Also heard Ms. B Bhuyan, learned Additional Prosecutor, appearing for the State respondent.

(2.) This appeal has been preferred against the Judgment dtd. 4/11/2019, passed by the court of the learned Sessions Judge, Lakhimpur in Sessions Case No. 205(NL)/2017, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default rigorous imprisonment for 6 (six) months, for killing his wife.

(3.) The prosecution case in brief is that the father of the appellant/prosecution witness-1 (PW-1) submitted an FIR dtd. 29/10/2017 to the Officer-In-Charge of the Ghilamara Police Station stating that on the night of 28/10/2017, his son, the appellant had killed his daughter-in-law by assaulting her. In pursuance to the FIR submitted by PW-1, Ghilamara P.S. Case No. 130/2017 under Sec. 302 IPC was registered. After investigation of the case, the Investigating Officer filed a charge-sheet, having found a prima facie case against the appellant under Sec. 302 IPC.