SULEMAN BARBHAIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L.R. Mazumdar, learned Amicus Curiae, appearing for the appellant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the State respondent.

(2.) This appeal has been filed against the impugned judgement dtd. 10/6/2022 passed by the Court of Learned Sessions Judge, Lakhimpur, North Lakhimpur, in Sessions Case No. 140(NL)/2019, by which the appellant has been convicted under Sec. 302 IPC for killing his wife. The sentence order dtd. 13/6/2022, by which the appellant has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.1,000.00, in default, rigorous imprisonment for one month, has also been put to challenge.

(3.) The facts of the case, in brief, is that an FIR dtd. 8/5/2019 was submitted by the Prosecution Witness-3 (PW-3), who is the mother of the appellant, to the effect that her son (appellant) had always been creating disturbance by assaulting her and her daughter-in-law (deceased) for about one month, under the influence of Alcohol and Ganja. On 8/5/2019, at around 10 a.m., the appellant confined his wife (daughter-in-law) in the house and assaulted her with a wooden batten, causing grievous injury on her entire body. Her daughter-in-law was taken to Laluk Hospital by the local people. However, as her injuries were grievous in nature and her condition was very critical, she was sent to North Lakhimpur Civil Hospital for better treatment. However, her daughter-in-law died in North Lakhimpur Civil Hospital at about 4-30 p.m.