HARILAL MALPAHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Lahkar, learned Amicus Curiae appearing for the appellant. Also heard Mr. K.A. Mazumder, learned Additional Public Prosecutor, Assam.

(2.) This appeal from jail is presented against the judgment dated 10.03.2015 passed by the learned Additional Sessions Judge (FTC), Lakhimpur, in Sessions Case No.126(NL)/2014, corresponding to G.R. Case No.783/2014, arising out of N.L. Police Station Case No.413/2014 under Section 302 IPC. By the impugned judgment, the appellant is convicted under Section 302 IPC and sentenced to suffer rigorous imprisonment for life with a fine of Rs.15,000/-, in default of payment of fine, to undergo further rigorous imprisonment for 6(six) months.

(3.) At about 9.25 P.M. on 03.05.2014, one Anaru Malpaharia came to the Silonibari Out Post and informed by submitting an ejahar that around 7.30 P.M. on that day, Harilal Malpaharia, a resident of the same line where the informant was also residing, killed his wife, Sukurmoni Malpaharia, by hitting her in the head with an iron hammer. A General Diary Entry (Ext-7) being G.D.E. No.53 dated 03.05.2014 was recorded and the same was sent to the Officer-in-Charge, North Lakhimpur Police Station for registering a case, wherein, the ejahar (Ext-1) was registered as N.L. P.S. Case No.413/2014 under Section 302 IPC.