SUNIL MANKI MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred from jail under Sec. 383 Code of Criminal Procedure, 1973 against the judgment and order dtd. 10/7/2019 passed by the learned Addl. Sessions Judge (FTC) No.1, Margherita, Tinsukia in Sessions Case No. 88(M)/16. By the aforesaid judgment and order, the appellant has been convicted and sentenced to undergo rigorous imprisonment (RI) for life and also to pay a fine of Rs.10,000.00 under Sec. 302 IPC. The matter involves the alleged rape and killing of the daughter of the informant.

(2.) The criminal law was set into motion by lodging of an Ejahar on 26/8/2015 by the PW2- father of the victim. It was stated that on 8:00 pm on 25/8/2015, the daughter was found missing from the house and a search was made. In the morning, the appellant was suspected and questioned and he had confessed that in the previous night, he had lifted her from her house, took her to the cultivation field, forcibly committed rape on her in the bamboo grove and thereafter killed her on the bank of the river. It was also stated that the dead body of the girl was recovered and the police was informed.

(3.) Based on the aforesaid Ejahar, the formal FIR was registered and the investigation was done leading to filing of Charge-sheet under the provisions of law. The charges were accordingly framed and on its denial, the trial had begun. In the trial, the prosecution had adduced evidence through 11 (eleven) nos. of prosecution witnesses.