MADHU MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Chamuah, learned Amicus Curiae, appearing for the appellant. Also Heard Mr. B.J. Dutta, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. Perused the records. This appeal is directed against the judgment and order, dated 26.5.2010, passed by the learned Addl. Sessions Judge (FTC), Sivasagar in Sessions Case No. 174(S-S)/2009 (G.R. Case No. 605/2009, corresponding to Demow P.S. Case No. 72/2009), under Section 304 Part-I of the Indian Penal Code, 1860 (for short IPC) whereby the learned Addl. Sessions Judge (FTC) convicted the accused-appellant for the offence under Section 304 Part-I IPC and sentenced him to suffer rigorous imprisonment for 10(ten) years and pay fine of Rs. 20,000/- in default, suffer rigorous imprisonment for another period of 4(four) months.

(2.) Aggrieved by the said conviction and sentence, the appellant has preferred this appeal from the jail, there being none to represent the appellant, Mr. A. Chamuah, learned counsel, has been engaged by this court, as Amicus Curiae, to represent the appellant.

(3.) The prosecution case, in brief, as may be necessary for disposing this appeal, is as follows:- On 3.6.2009, at about 8.00 p.m. the appellant, his wife (hereinafter called the deceased) and their minor granddaughter, namely Moni Munda (P.W. No. 2) were in the house. The appellant and his wife, after drinking liquor picked up quarrel. The appellant slapped the said granddaughter (P.W. No. 2) and on being frightened, she left her (i.e. the company of her said grandparents) for her maternal uncle (P.W. 3), wherein she spent the night. On the next morning, the dead body of the deceased was found, in her house, in injured condition. The son of the deceased, who returned from his duty in the morning and he lodged FIR (Ext. No. 1) with the police. On receipt of the FIR, police registered a case under Section 302 IPC and launched investigation into the matter.