GOLAP NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard Mr. S.C. Biswas, learned Amicus Curie appearing for the appellant. Also heard Ms. S. Jahan, learned State Counsel appearing for the respondent State.

(2.) The appeal is directed against the judgment and order dated 21.12.2012, passed by the learned Sessions Judge, Udalguri in Sessions Case No. 170(D-U)/2012 whereby the appellant has been held guilty under Section 302 I.P.C. and sentenced to RI for life and also to pay a fine of Rs. 50,000/-, in default, SI for six months.

(3.) The prosecution case, in a nut-shell, is that one Ganesh Sonari, resident of Naharbari, P.S. Mazbat, district Udalguri lodged an FIR before the OC, Mazbat Police Station on 11.04.2009 to the effect that on 08.04.2009, a quarrel took place between his elder sister and brother-in-law and she has been kicked in the belly and on 11.08.2009, his sister Kalpana Nath had died. On the basis of the FIR, a case under Section 302 I.P.C. was registered against the accused person, who is the husband of the deceased and after due investigation, charge-sheet was submitted against the accused person under Section 302 I.P.C. Accordingly, the accused stood the trial as against the charge under Section 302 I.P.C.