SUNU DUTTA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Sunu Dutta has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation.

(2.) The victim of incident was Pabitra, aged about 35 years.

(3.) Admitted facts are these. Pabitra was Driver of Circle Inspector and posted in the Sonari Police Station. He lived with his wife Hiramoni Dutta (PW-3) and daughter Rikhi Mili (PW-9) at village Thukubil Satra falling within the jurisdiction of the same Police Station. He was also step-father of Pinki Numgrum (PW-10) born to Hiramoni Dutta from her first husband. Hiramoni Dutta is sister of Tankeswar Dutta (PW-5) and appellant is their nephew. The appellant is thus cousin of Pinki Numgrum. He and Tankeswar Dutta also lived in the same village in their respective houses, but at some distance from the house of Pabitra. Pinki Numgrum however had shifted to the house of appellant about 10 days prior to the date of incident.