DHANIA SABOR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.K. Kalita, learned Amicus Curiae, appearing for the appellant. Also heard Ms. B. Bhuyan, learned senior counsel and APP, Assam, appearing for the State.

(2.) This appeal has been filed against the impugned judgment dtd. 31/5/2023 Passed by the learned Sessions Judge, Biswanath, Biswanath Chairali, in Sessions Case No. 8/2022, by which the appellant has been convicted under Sec. 302 IPC for having caused the death of his neighbor Bijay Tanti, who had gone to the house of the appellant, to stop the appellant and his wife from quarreling with each other. The appellant was thereafter sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default, rigorous imprisonment for 1 (one) month.

(3.) The Prosecution case in brief, is that the wife of the deceased, who is also Prosecution witness (PW) No.1, submitted an FIR dtd. 23/6/2019 to the Officer-in-Charge of the Gingia Police Station, stating that at about 10 p.m. on 22/6/2019, the appellant had killed her husband by hacking him with a dao , following an altercation on a trivial matter. Consequent to the FIR, Gingia PS case No. 81/2019 under Sec. 302 IPC was registered. After investigation was completed by the Investigating Officer (IO) (PW-6), the I.O submitted the charge-sheet, having found a prima facie case under Sec. 302 IPC against the appellant.