BALURAM BORO MORIGAON Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. K. Barua, learned Amicus Curiae appearing for the appellant. We have also heard Ms. B. Bhuyan, learned senior counsel (Additional Public Prosecutor, Assam) assisted by Ms. M. Chakraborty, learned counsel appearing for the State of Assam.

(2.) The present appeal, preferred from Jail, arises out of the judgment and order dtd. 1/10/2021 passed by the learned Sessions Judge, Morigaon in Sessions Case No.37/2020 whereby, the sole appellant had been convicted under Sec. 302 of the Indian Penal Code (IPC) for committing the murder of his wife Golapi Boro @ Jelepi Boro and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.5000.00, in default, to undergo simple imprisonment for three months.

(3.) On 22/12/2019 six villagers of Banmuri Village had jointly lodged an ejahar before the Officer-in-Charge, Bhuragaon Police Station informing the police that at around 3:30 P.M. on that day, a co-villager named Boloram Boro had killed his wife Golapi Boro in his own house by assaulting her with a bamboo stick. On receipt of the ejahar, Bhuragaon P.S. Case No.181/2019 was registered under Sec. 302 of the IPC on 22/12/2019 and the matter was taken up for investigation. On completion of investigation the police had submitted charge-sheet against the accused/appellant under Sec. 302 of the IPC, based on which, the learned trial court had framed charge against the accused under Sec. 302 of the IPC. Since the accused had denied the charge brought against him and claimed to be tried, the matter went up for trial.