NIM DAIMARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred from jail against a judgment and order dtd. 24/8/2022 passed by learned Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 30/2011 (G.R. Case No. 613/2006 and Howraghat P.S. Case No. 139/2006. By the impugned judgment, the appellant has been convicted with R.I. for life and a fine of Rs.10,000.00 (Rupees Ten Thousand) u/s 302 of IPC , in default, R.I. for 1 year only and further R.I. for 7 years and a fine of Rs.10,000.00 i/d R.I. for 1 year u/s 201 of Indian Penal Code.

(2.) The appeal involves the murder of the wife of the appellant.

(3.) The criminal law was set into motion by lodging of an Ejahar by PW1 on 5/12/2006. It was stated that the deceased, who was his niece was married to the appellant about 20 years back and was living with him along with three children. However, on 9/6/2006, it was informed that the niece had eloped with someone else and after making a search, her whereabouts could not be found. Thereafter, from certain source, it was learnt that the appellant had confessed that on the same date, i.e. 9/6/2006 at about 10 p.m., he had killed the deceased and threw her into the Sonarijan River. The Ejahar was lodged in the Dokmoka Outpost, whereafter the formal FIR was registered under the jurisdictional Howraghat Police Station. The investigation was accordingly made and after filing of the formal Charge Sheet, the charges were framed by the learned Deputy Commissioner, Karbi Anglong under Sec. 302 and 201 of the IPC. It may be mentioned that the said order was passed at a time when the Judiciary was not separated from the Executive and the powers were entrusted to the Deputy Commissioner to act as the Sessions Judge.