ARUP DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Barman, learned Amicus Curiae. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(2.) This Criminal Appeal is preferred by the appellant Sri Arup Das @ Kalamani, from Jail, assailing the judgment and order dtd. 31/10/2017, passed by the learned Additional Sessions Judge, Bajali at Pathsala in Sessions Case No.317/2016, under Sec. 302 of the Indian Penal Code, 1860, whereby the appellant has been convicted and sentenced to undergo Rigorous Imprisonment for life and a fine of Rs.10,000.00(Rupees ten thousand) only, in default of fine, to undergo Rigorous Imprisonment for six (6) months, for committing the murder of his father-in-law Rabin Das.

(3.) The case set up by the prosecution, in brief, is that informant Smti. Rita Das lodged an ejahar before the In-Charge of Baghmara Out Post under Patacharkuchi Police Station, stating that on 13/5/2016, at around 11:00 A.M., she along with her husband Rabin Das took their daughter Smti. Malaya Das and went to the house of accused Arup Das @ Kalamani, to drop their daughter in the house of the accused and had discussion so that accused would look after and treat well to his wife (their daughter). Thereafter, it is alleged, when her husband Rabin Das was coming out of the room, then, suddenly the accused got up and picked up an axe and assaulted on the head of her husband Rabin Das and dealt with several blows on him. As a result, her husband Rabin Das died instantaneously on the courtyard. Thereafter, the accused chased her and her daughter to hack them. However, they escaped and somehow saved their lives.