PARIMAL DEBNATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Ahmed, learned counsel for the appellants. Also heard Mr. S.R. Kalita, learned counsel for the respondent No.2. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State.

(2.) This appeal is directed against the Judgment and Order dtd. 15/9/2014 passed by the learned Addl. District and Session Judge(FTC), Kamrup, Rangia in Sessions Case No. 247 (K)/13, arising out of G.R. Case No. 163/2013, convicting the appellant under Ss. 323/34 IPC and sentencing him to undergo imprisonment for a period of one year and to pay a fine of Rs.1000.00 each, in default, another imprisonment for 15 days.

(3.) The prosecution case in brief, as per the First Information Report (FIR) dtd. 21/2/2013 of Smti. Deepa Debnath against these two accused persons, is that on the previous night of 21/2/2013, at about 8 pm, the accused Parimal Debnath called her husband outside the house telling that there is some discussions and took her husband to the gate of the house and thereafter, both the accused persons attacked her husband with their hands and legs. For non-availability of medical facility, her husband was kept inside the house and slept. In the morning of 21/2/2013 at about 9 am, when her husband did not wake up, she called her husband, but her husband did not respond and she presumed her husband to be dead. Her allegation is that due to assault by the accused, her husband has died. She put her thumb impression in the FIR (Ext. 4).