BHUPEN BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Appeal from jail is presented against the judgment dated 23.12.2013 in Sessions Case No. 55/2013 (GR. Case No. 1544/2012) rendered by the learned Sessions Judge, Barpeta, whereby, the accused/appellant was convicted under Section 302 of IPC and was sentenced to undergo imprisonment for life and also to pay a fine of Rs. 3,000/-and in default of fine, further R.I. for 3 months.

(2.) Heard Mr. B.N. Gogoi, teamed Amicus Curiae on behalf of the appellant and Ms. B. Bhuyan the learned Addl. Public Prosecutor.

(3.) Tlie prosecution case as revealed from the F.I.R. dated 19.6.2012 lodged by the informant Anjali Deb Nath (P.W.1) with the O.C. of the Gobardhana Police Station reflects that her daughter Palani Deb Nath was given marriage to the accused Bhupen Biswas @ Bhupen Barman. The informant's daughter used to work in the hotel of one Prakash Saha (PW-6) and used to frequently meet her mother (P. W. 1). At the relevant period when the mother did not meet her daughter and had no information about her whereabouts and the employees at the workplace were discussing about the missing employee in her presence, a neighbourhood lady Gauri told her that her daughter had gone to Cooch Behar with the accused and so the P.W-1 did not bother immediately. However since the mother did not receive any information on the whereabouts for several days, on 17.6.2012 in the evening at around 5.00 p.m. she went to her daughter's house and found the house under lock and key. She also found bad smell coming from that house. On suspicion she peeped through the gap of the bamboo wall and saw the dead body of her daughter with both hands tied up, lying on the bed and her feet were touching the floor of the house. The mother immediately informed the neighbouring people. The police were informed about the incident and the police along with Magistrate came to the house. They broke open the lock of the house and brought out the dead body. The P. W-1 saw cut mark injuries on the dead body of the daughter during the inquest. The accused Bhupen Biswas @ Bhupen Barman was absconding and was arrested later in a theft case and he confessed to the police about the killing.