PADMADHAR KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.01.2010 passed by the learned Additional Sessions Judge, (FTC) No. 3, Kamrup, Guwahati in Sessions Case No. 297(K)/2004 convicting the appellant herein, namely, Sri Padmadhar Kakati, of offence under Section 302 IPC and sentencing him to imprisonment for life and also to pay a fine of Rs. 50,000/- (Rupees Fifty Thousand), in default, Rigorous Imprisonment for another 1 (one) year for the offence aforesaid. Being aggrieved by and dissatisfied with the aforesaid judgment, the appellant, Padmadhar Kakati, (hereinafter referred to as the 'accused person'), has preferred this appeal citing several infirmities in the judgment under challenge.

(2.) We have heard Dr. B. Ahmed, learned counsel for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

(3.) The case, projected by prosecution in the F.I.R. dated 22.05.2003 and in subsequent trial, in brief, is that one Binita Kakati, daughter of the informant, Sri Manu Chandra Bezbaruh, was married to the accused Padmadhar Kakati, in the year 1998 and out of their wedlock one male child was born to them. It has been alleged that the marital life of the couple aforesaid ran into rough weather since the accused started maintaining extra marital relationship with a muslim girl for which the accused reportedly subjected his wife (since deceased) to torture both mentally and physically.