LESU BAURI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Lesu Bauri was convicted by learned Sessions Judge, Sivasagar, in Sessions Case No.42(S-S)/2012 under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and also to pay a sum of Rs.5,000/-, in default to suffer rigorous imprisonment for further six months. The appellant has preferred this Jail appeal challenging his conviction and sentence.

(2.) The prosecution story is that one Puran Karmakar lodged an ejahar with Halowating Police Station on 30.12.2011 at 12 noon alleging that Lesu Bauri is the elder brother of his wife and this Lesu Bauri killed his wife Ripa Tanti with a naga dao at around 8.30 a.m. on the same day. Halowating Police Station Case No.36/2011 under Section 302 of the Indian Penal Code was accordingly registered and investigation started. Having completed the investigation and after obtaining post mortem report of the dead body, Charge-sheet No.3/12 was filed by the Investigating Officer on 09.12.2012 before the learned Chief Judicial Magistrate, Sivasagar, who committed the case to the Court of Sessions by his order dated 02.03.2012. The learned Sessions Judge, thereafter, framed charge against the accused under Section 302 of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried.

(3.) In course of trial prosecution examined as many as 11 witnesses including Medical Officer and Investigating Officer and the learned Sessions Judge thereupon examined the accused person under Section 313 of the Code of Criminal Procedure.