PRABHU SAHAI BARLA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. M. Choudhury, learned Amicus curiae, appearing for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

(2.) This appeal is preferred by the appellant from jail against an order dated 30.05.2012, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 82/2009, convicting the appellant under Section 302 IPC for an offence of murder and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 2,000/ -, in default of payment of fine, further rigorous imprisonment for three months.

(3.) The fact in the instant case, in brief, is that on 29.09.2008, the father of the accused, Filip Barla, lodged an FIR with the Tengakhat Police Station, Dibrugarh, to the effect that on the same day, at about 3 -30 P.M., the accused person killed his three month old daughter with a spade and, on the basis of the aforesaid FIR, Tengakhat Police Station Case No. 98/2008, under Section 302 IPC, was registered. After completion of investigation, police submitted charge -sheet against the accused person under Section 302 IPC. The case was committed to the Court of Sessions on compliance of the provisions of Section 207 CrPC and the learned Sessions Judge framed charge against the accused person under Section 302 IPC and the charge was explained to the accused person to which he pleaded guilty. However, the learned Sessions Judge proceeded with the trial after framing formal charge.