KUTU TELIPATHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal from Jail under Sec. 383, Code of Criminal Procedure, 1973 ['the Code' and/or 'CrPC', for short] is directed against a Judgment and Order dtd. 18/7/2019 passed by the Court of learned Sessions Judge, Dima Hasao, Haflong in Sessions Case no. 01/2017 [corresponding to G.R. Case no. 64/2016]. By the Judgment and Order dtd. 18/7/2019, the learned Sessions Judge, Dima Hasao, Haflong has convicted the appellant under Sec. 302, Indian Penal Code [IPC] after finding him guilty of uxoricide and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00, in default of payment of fine, to undergo simple imprisonment for three months.

(2.) The investigation was set into motion on lodgment of a First Information Report [FIR] before the Officer In-Charge, Maibang Police Station on 31/10/2016 by the informant, Asha Kurmi [P.W.1]. In the FIR, the informant-P.W.1 had inter alia alleged that at about 10-00 p.m. on 30/10/2016, the accused-appellant had inhumanly tortured her daughter, Baby Telepathar [the deceased] who was the wife of the appellant, and caused injuries on her head and other parts of her person with a wooden stick. Baby Telepathar was immediately shifted to Maibang Civil Hospital and it was during medical treatment, Baby Telepathar died at the hospital at about 03-00 a.m. on 31/10/2016.

(3.) On receipt of the FIR, the Officer In-Charge, Maibang Police Station registered the same as Maibang Police Station Case no. 24/2016 under Sec. 302, IPC and took up the investigation himself. During the course of investigation, the appellant was arrested. The I.O. [P.W.9] prepared a Sketch Map of the Place of Occurrence [P.O.] [Ext.-4] and seized one wooden stick vide a Seizure List [Ext.-1]. The deadbody of the deceased was forwarded to Haflong Civil Hospital for Post-Mortem Examination [PME]. The statements of the witnesses were recorded under Sec. 161, CrPC. The Post-Mortem Examination [PME] on the deadbody of the deceased was performed on 31/10/2016. The I.O. [P.W.9] after completing investigation, submitted a charge-sheet under Sec. 173[2], CrPC vide Charge-Sheet no. 21 dtd. 30/11/2016 finding a prima facie case against the appellant for committing murder of his wife.