NIPEN DAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 06.07.2011, passed by the learned Additional Sessions Judge (FTC) No. 1, Kamrup, Guwahati, in Sessions Case No. 121(K) of 2008, whereby the learned Sessions Judge convicted the appellant, under Sections 302 of the Indian Penal Code (for short, IPC) and sentenced him to suffer imprisonment for life and pay fine of Rs. 10,000/ -, in default, suffer simple imprisonment for another period of one year.

(2.) THE learned Sessions Judge directed that the appellant would be entitled to set off under Section 428 of the Code of Criminal Procedure (for short, Cr.P.C.) in respect of the period, already undergone by him.

(3.) THE prosecution case, in brief, is that, on 31.07.2006, at about 2 P.M., when the wife (hereinafter called the 'deceased') of the informant was taking rest in her house, after taking lunch, the appellant picked up a quarrel with her in connection with his marriage and inflicted 'dao' blows on the neck of the deceased causing injuries to her person and she succumbed to the injuries. The informant, i.e. the husband of the deceased, who was not present at the time of the occurrence, after his arrival at his house, came to know about the occurrence from his daughter Smti Tarulata Das (PW -2) and he lodged the FIR (Ext. No. 1) with the Police.