DEBENDRA CH RAVA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the Judgment dated 14.5.81 passed by the learned Sessions Judge, Goalpara, Dhubri, where by the appellant was convicted under section 302 IPC and sentenced to imprisonment for life.

(2.) The prosecution case, briefly, was that in between the night of 11.7.79 and 12-7-79, the accused had assaulted his second wife, Smt. Golapi Bala Rava, after she was dragged out of the house, and as a result of the injuries sustained she died. The appellant, thereafter, went to the house of his father-in-Jaw P.W. 2 Paduram Rava and informed him that Golapi was suffering from some illness. Padu Ram and his wife came to the house where Golapi Bala had been living, and found her dead in the varandah of the house. She had injuries and her whole body was be smeared with blood. Padu Ram Rava believed that appellant Deben Ch. Rava had caused the death of his wife by beating. Padu Ram lodged First Information Report at the Police Station, Rangjuli at about 9.30 A.M. on 12-7-79. The Police took up investigation. Md. Akbar Ali, 1.0. went to the place of occurrence, held inquest on the body of the deceased, and sent it for post-mortem examination, interrogated witnesses and seized one quilt, one half old cement bag and one ear ring. The accused was arrested. After completion of investigation, charge sheet against the appellant was submitted. The learned Session Judge framed charge under section 302 IPC against the appellant to which he pleaded not guilty. The prosecution, in support of its case, produced P.W. 1 Dr. S. Bhadra who had performed post mortem examination on the body of deceased Golapi, P.W. 2 Padu Ram Rava, father of the deceased who had lodged the First Information Report, P.W. 3 Smt. Durgeswari Rava who was at the time appellant came, at the house of the appellant and who had seen the assault made by the appellant on the deceased, P.W. 4 Maineswari Rava mother of P.W. 3 to whom P.W. 3 had immediately gone and told about the assault by the appellant and who also had seen the assault, P.W. 5 Karen Kachari, a neighbour who deposed that he had seen a quarrel between the appellant and his wife. Golapi the previous evening, P.W. 6 Panjaram Chowdhury, who had gone to the house of the appellant with Paduram and had seen the dead body of Golapi and is a witness of seizure and P.W. 7 Md. Akbar Ali, investigating officer who had seized one quilt, one cement had and one earring.

(3.) On consideration of the evidence on record, the learned Sessions Judge came to the conclusion that the assault as a result of which Golapi had died had been made by the accused and he was liable for causing her death. The appellant was accordingly convicted and sentenced to imprisonment for life.