SURUJ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B. Choudhury, the learned Amicus Curiae for the accused appellant and Mr. F. H. Laskar, the learned P. P.

(2.) THIS appeal is directed against the Judgment and Order dated 8. 4. 1997 passed by the Sessions Judge, Cachar, Silchar in Sessions Case No. 92 of 1996 (GR Case No. 1008/96) convicting the accused appellant under Section 302, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- in default further imprisonment for one month.

(3.) THIS is an unfortunate case of death of a housewife in the hands of her husband accused appellant Suruj Ali. The accused was married to one Joytunnessa and out of the said wedlock two children were born to them. According to the prosecution on 5. 5. 1996 at about 7 p. m. , the accused appellant assaulted his wife whereupon the victim raised alarm and the neighbours came who saw the accused assaulting the deceased by kick and blow and as alleged the deceased was assaulted by lathi and thereafter the accused fled the scene and the deceased died. On FIR being lodged, usual investigation including inquest etc. was made by police and the dead-body was sent for post-mortem examination.