BHADRESWAR PADI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the accused-appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State/respondents.

(2.) This appeal has been preferred by the accused/appellant from jail challenging the judgment and order dtd. 17/7/2017 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 46(DH)/2016 convicting the accused/appellant under Sec. 302/201 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00in default of payment of fine rigorous imprisonment for three months for the offence under Sec. 302 IPC. The appellant was further sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000.00 in default rigorous imprisonment for 15 days for the offence under Sec. 201 IPC. Both the sentences were directed to run concurrently.

(3.) To begin with the prosecution case, it has been revealed from the FIR that the informant Sangita Padi lodged an FIR on 4/9/2012 stating inter alia that she got married to the accused/appellant in the year 2010. After their marriage, they lived together as husband and wife and out of their wedlock, one male child was born. It is also alleged that since after three months of their marriage, the accused/appellant started to torture her both mentally as well as physically. It is also alleged that after the birth of the child, the accused/appellant tried to sell the child to some person but her mother resisted him from doing so and a chaotic situation arose and the nurses and other medical staff came to know about it and they prevented him from selling the child. After discharged from the hospital, the informant came back home along her child but the accused/appellant assaulted the informant and her child and also killed her child by strangulating him on 30/6/2012. The accused/appellant also threatened her that if she disclosed the fact to anybody, she would be killed.