LAXMI KARUWA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Atal Tewari, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel/Additional Public Prosecutor assisted by Ms. R. Das, learned counsel appearing for the State respondent.

(2.) This criminal appeal is directed against the judgment and order dtd. 22/12/2020 passed by the learned Sessions Judge, Udalguri (hereinafter referred to as the "trial court"), in Sessions Case No. 44/2019 (arising out of G.R. Case No. 74/2018), whereby the accused/appellant was convicted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC"), and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000.00, in default to suffer simple imprisonment for 3 (three) months.

(3.) The prosecution case in brief is that upon a quarrel having taken place between the deceased, i.e., the husband of the accused/appellant and the accused/appellant on 21/1/2018 (Sunday) around 7 pm, the accused/appellant assaulted the deceased on the head with firewood, resulting in the death of the deceased. Thereafter, an F.I.R. was lodged on the following morning at around 10 am by PW-1 (Guddu Karua), who resides in the neighbourhood. Accordingly, an investigation commenced, whereafter the Investigating Officer, investigated the matter by interrogating the witnesses and arresting the accused/appellant.