DHIREN BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, Sri Dhiren Baruah having been convicted under Section 302 I. P. C. and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/-, in default, further rigorous imprisonment for two months vide order dated 23. 4. 2003 passed by the learned Sessions Judge, Sivasagar in Sessions Case No. 131 (S-S) of 2001, has preferred this criminal appeal from jail.

(2.) WE have heard Mr. K. K. Gupta, learned Amicus Curiae on behalf of the appellant and Ms. A. Begum, learned Public Prosecutor representing the State.

(3.) THE prosecution case in brief is that-An FIR was lodged by one Dharmeswar Baruah, P. W. 1 on 12. 7. 2001 alleging that his nephew Sri Dhiren Baruah assaulted his wife, Smt. Junu Baruah (deceased) with iron rod, bamboo lathi and also strangulating her on the night of 11. 7. 2001 as a result of which she died on 12. 7. 2001 at about 8. 00 a. m. On the basis of such information, Cherakapar Police Outpost registered the Cherakapar O. P. G. D. No. 182/01 and forwarded the same to Sivasagar Police Station wherein a case being Sivasagar P. S. Case No. 189/2001 under Section 302 I. P. C. was registered.