KANAKLATA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred by two appellants under Sec. 374(2) of the Cr.P.C. against judgment and order dtd. 10/2/2023 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 49/2017 convicting the accused/appellants u/s 302/34 of IPC and sentencing them to undergo R.I. for life and to pay a fine of Rs.30,000.00 (Rupees Thirty Thousand) i/d to undergo R.I. for 1 year. While the appellant no.1 is the mother, the appellant no.2 is her son. The appeal involves the death of the wife of the appellant no.2.

(2.) The criminal law was set into motion by lodging of an ejahar by one Bikramjit Das - PW3 on 11/11/2014. It has been alleged that on the previous day, i.e., 10/11/2014 at about 7.30 a.m., his sister, who was the wife of the appellant no.2 was killed by poisoning. It may however be mentioned that on 10/11/2014 itself, the appellant no.2 had lodged an information on the death of his wife in connection with which Patherkandi PS UD Case No. 19/2014 was registered. Be that as it may, both the cases were amalgamated and the instant case was registered under Sec. 498(A) / 302 / 304(B) / 34 of IPC. The initial charge against the appellant no. 2 was under Sec. 302 of the IPC. However, the charges were amended and 304(B) IPC was added and the appellant no.1, who is the mother of the appellant no. 2 was arraigned as an accused.

(3.) After completion of the investigation and laying of the charges, the charges were framed which had also undergone certain amendments as mentioned above and those being denied, the trial had begun in which the prosecution had examined eight numbers of witnesses.