PUHESWAR BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. U. Buzarbaruah, learned Counsel appointed as Amicus Curiae in place of the earlier appointed counsel Mr. S.C. Koyal who was absent when the case was called up yesterday although the case paper book was furnished to him much earlier. Also heard Mr. Z. Kamar, learned Public Prosecutor, Assam.

(2.) This appeal is presented against the judgment and order dated 29.04.02 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 15/2001, whereby the appellant has been convicted under Section 302 IPC and has been sentenced to undergo Rigorous Imprisonment for life. The appellant has also been ordered to pay a fine of Rs. 2000/-, in default, to suffer rigorous imprisonment for another three months, by the impugned judgment.

(3.) The prosecution case indicates that one Sri Haren Saikia (PW. 2) lodged an Ejahar with the Jagiroad P.S. on 13.04.99 stating that on that day at about 10 A.M. the accused Puheswar Boro took away his 17 years old daughter Pranati Saikia (deceased) and on the way at Hatiamukh village, the accused badly tortured his daughter and killed her and after killing her left the dead body in the house compound of one Karna Bora of the same village and thereafter the accused fled away. But some village people apprehended the accused. Accordingly the informant by lodging the FIR requested for police investigation.