PANDAV KOYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. H. Choudhury, learned counsel for the appellant and Mr. D. Das, learned Public Prosecutor, Assam.

(2.) The conviction of the appellant under Sections 302/201, IPC and the resultant sentence handed down to him to suffer imprisonment for life and to pay a fine of Rs. 1000/- in default, further rigorous imprisonment for six months under Section 302 IPC and further sentence to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 500/- in default further rigorous imprisonment for three months under Section 201 IPC when sentences were directed to run concurrently, have been assailed in this Criminal Appeal.

(3.) The prosecution case in a nutshell is that on 18.11.99 P.W.-1, Loyan Chachoni lodged an ejahar with Majbat Police Station complaining that her younger sister Smti Chiyanu Koya, aged about 35 years and wife of late Bheem Koya of line No. 22 of Lambari Tea Estate, having three children, went missing since last 'Dewali'. On enquiry, it came to light that Pandav Koya son of Dev Koya assaulted and killed her sister and kept her dead body hurried under ground. On the basis of the said ejahar a criminal case was started under Sections 302/201 IPC.