DILIP BAGTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard Mr. A. Chamuah, learned Amicus Curiae, appearing on behalf of the appellants and also Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam, for the respondent State of Assam.

(2.) The prosecution story, in a nutshell, is that one Shri Sukla Bagti, resident of Durga Kona, Silchar, who is the brother of the accused appellant while sleeping in his house on 6.9.2012 at about 10.30 P.M. hearing a sound of shouting he went outside of his house and found the dead body of the wife of the accused Dilip Bagti (his own brother) lying in the nearby house of Sadhan Bagti and head of the deceased wife was taken away by the accused to the University Police Outpost. As he came to know that the accused has killed his wife, so he lodged an FIR before the I/C Ghungoor O.P. informing the matter on the very next day. Accordingly, a case was registered as Silchar P.S. case No.1779/12 under Section 302 IPC and the prosecution was set into motion. During the course of investigation, the I.O. recorded the statement of the witnesses and also recovered the weapon of offence "dao" as led and shown by the accused from a nearby pond. After due completion of the investigation, I.O. submitted charge sheet under section 302 IPC against the accused person.

(3.) The accused who is facing the trial from behind the bar since the day of his arrest has preferred the present appeal on being dissatisfied of the judgment and order of conviction dated 3.3.2014 vide Sessions Case No.114/13 under Section 302 IPC assailing the fact that the judgment has not been delivered as per proper prospective of law and facts, without having adequate evidence against the accused and liable to be set aside.