RATAN KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. R. Ali, the learned Amicus Curiae who was appointed on 10-9-2008 in place of Mr. K. K. Gupta, earlier appointed Amicus Curiae since Mr. Gupta was found absent on 10-9-2008 when this appeal was taken up for hearing as part heard matters as Mr. Gupta was heard on 22-8-2008 as amicus curiae. Also heard Mr. K. C. Mahanta, the learned p. P. Assam.

(2.) THIS criminal appeal from jail has been directed against the conviction of the appellant under Section 302, I. P. C. and the sentence to undergo rigorous imprisonment (for short 'r. I. ') for life so imposed the learned ad-hoc Addl. Sessions Judge, Fast Track court, Sonitpur, Tezpur in Sessions Case no. 225 (3)2000 by his judgment and order dated 15-3-2002.

(3.) THE factual matrix briefly as emerged from the F. I. R. dated 16-8-2000 lodged by p. W. 2, Dilip Lohar with the Dhekiajuli Police Station is that on the night of 15-8-2000 the appellant assaulted his wife Smt. Budhni karmakar (hereinafter referred to as, 'the deceased') the elder sister of the informant, p. W. 2 and injured her seriously. Around 10 a. m. on 16-8-2000 she was admitted to dhekiajuli Health Centre where she died at around 1. 10 p. m.