BISHU DHALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present criminal appeal from jail under Sec. 383, Code of Criminal Procedure, 1973 ['the Code' or 'CrPC', for short] is directed against a Judgment and Order dtd. 11/1/2022 passed by the Court of learned Sessions Judge, Nagaon ['the Trial Court' for short] in Sessions [T-1] Case no. 33 [N] of 2014. By the Judgment and Order dtd. 11/1/2022, the Trial Court has convicted both the accused-appellants for the offence of murder under Sec. 302, Indian Penal Code [IPC] read with Sec. 34, IPC and they have both been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 each, in default of payment of fine, to suffer simple imprisonment for another six months each.

(2.) The First Information Report [FIR] was lodged by one Gobinda Mallick as the informant before the Officer In-Charge, Uluoni Police Station on 30/12/2010. In the FIR, the informant named the two accused-appellants along with their mother [name unknown] as the accused. It was mentioned that the younger sister of the informant, Kanan Mallick died on Wednesday, 29/12/2010 in her matrimonial house as a result of torture inflicted on her. The informant further stated that he came to know about the incident from a source that the deceased was completely fine during the day-time.

(3.) On receipt of the FIR, the Officer In-Charge, Uluoni Police Station registered it as Uluoni Police Station Case no. 95 of 2010 [corresponding G.R. Case no. 682 of 2010] under Sec. 302/34, IPC on 30/12/2010 and took up the investigation of the case himself.