SIBU KARUWA DIBRUGARH, ASSAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Barman, learned Amicus Curiae for the appellant. Also heard Ms. S.H. Bora, learned APP appearing for the State.

(2.) This appeal under Sec. 374(2) Cr.P.C. is directed against the judgment, order and sentence dtd. 19/3/2019, passed by the learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 100/2017, thereby convicting the appellant for commission of offence under Sec. 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00, in default to undergo simple imprisonment for further 3 (three) months for committing offence under Sec. 302 IPC. The appeal was presented by the appellant from jail as per the provisions of Sec. 383 Cr.P.C.

(3.) The prosecution case was set rolling by one Gouri Dirial, who had lodged an FIR on 24/10/2016 with the Namrup Police Station, stating therein that on 23/10/2016, at about 04.00 PM, appellant who works in his tea garden had murdered his wife Smti. Sumanti Panika. Her dead body was recovered in the labour quarter of the appellant. Accordingly, Namrup P.S. Case No. 153/2016 was registered under Sec. 302 IPC, corresponding G.R. Case No. 3103/2016.