SAMAR MADHUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 06.04.2011, passed by the learned Addl. Sessions Judge, FTC Kokrajhar in sessions Case No. 5/2010, convicting one Samar Madhua of offence u/s. 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 5,000/- i.d., R.I. for another 6 (six) months for the offence aforesaid. Being aggrieved by and dissatisfied with the aforesaid judgment, the appellant, namely, Samar Madhua (herein after referred to as the accused person), has preferred this appeal from jail citing several infirmities in the judgment under challenge.

(2.) We have heard Mr. P.K. Roy Choudhury, learned Amicus Curiae appearing for the appellant and also heard Ms. S. Jahan, learned Addl. P.P., Assam.

(3.) The facts, projected by the prosecution in the FIR dated 21.08.2009 and in subsequent trial, in short, are that on 21.08.2009, one Panja Rabha (PW1) lodged an FIR with the I/C, Bismuri Police Out Post alleging that his daughter Sushila Rabha (since deceased), aged about 20 years, got married with the accused Sri Samar Madhua few months before the incident in question. After their marriage, they started to live as husband and wife. On 18.08.2009, at about 11 am, accused person abused his wife (daughter of the informant, PW1) and killed her thereafter.