RAJU DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10.2.2011, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 5(JJ)/2009 convicting the accused appellant herein of offence u/s. 302 IPC and sentencing him to suffer imprisonment for life and also to pay a fine of Rs. 5000/- (Rupees Five Thousand) i.d. R.I. for another 3 (three) months for the offence aforesaid. Being aggrieved and dissatisfied with the aforesaid judgment, the accused/appellant (hereinafter referred to as accused person) has preferred this appeal citing several infirmities in the judgment under challenge.

(2.) We have heard Ms. U. Das, learned Amicus Curiae for the appellant and also heard Ms. S. Jahan, learned Addl. P.P., for the State.

(3.) The facts which are projected by prosecution during trial and which are necessary for disposal of the present appeal, in short, are that one Anjali Dutta (since dead, who would be referred to hereinafter as the victim) was married by Mrinal Dutta. The marriage was consummated and they were blessed with a child as well. After the birth of their child, the victim was driven out from her matrimonial house for which she was forced to take shelter at her parental house at Patia Gaon under Jorhat Police Station and had been residing there till 27.03.2006.