SAJAN MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been preferred from jail against the judgment and order dtd. 20/9/2018 passed by the learned Additional Sessions Judge, Jorhat, Assam in Sessions Case No. 170/2014 under Sec. 302 of the IPC [corresponding to Sec. 103 BNS], thereby sentencing the appellant under Sec. 302 Indian Penal Code [corresponding to Sec. 103 BNS] to undergo RI for life and fine of Rs.15,000.00. (Rupees Fifteen Thousand) in default, further imprisonment for six months.

(2.) The criminal law was set into motion by lodging of an Ejahar on 20/10/2014 by the PW1, who is the brother of the deceased. It was alleged that on the previous day i.e. 19/10/2014, the accused had assaulted his younger sister. He had also stated that prior to the said incident, the accused had been assaulting his younger sister since a month after their marriage. It has also been stated that the deceased was three months pregnant. On the said date at 9 P.M., the appellant had assaulted his younger sister again, due to which she had sustained grievous injuries. On receiving the said information, they went to see her and found her dead. It has been alleged, that after commission of the offense, the accused had attempted to escape but was apprehended by the local public and handed over to the Police Station. It was also stated that the accused had confessed to have assaulted the younger sister of the informant, which led to her death.

(3.) Based on the aforesaid Ejahar, the formal FIR was registered as Teok Police Station Case No. 324/14 under Sec. 302 IPC [corresponding to Sec. 103 BNS] and investigation was carried out.