LAWS(GAU)-2018-11-97

BINITA CHUTIA Vs. STATE OF ASSAM

Decided On November 29, 2018
Binita Chutia Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellants, against the judgment, dated 20.01.2016, passed by the learned Additional Sessions Judge, Golaghat in Sessions Case No. 137/2014 convicting the accused-appellants for offence under Sections 302/34 of Indian Penal Code and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- each, in default, to suffer further simple imprisonment for 6 (six) months each.

(2.) The fact of the prosecution case is that, on 19.03.2014, at about 3:00 pm, the accused-appellants assaulted the deceased, Gobin Chutia, the brother of the informant, to death at his own house. The accused-appellant, Binita Chutia, is the first wife of the deceased and the accused-appellants, Ritumani Chutia Das and Rajib Das are the daughter and the son-in-law of the deceased from his first wife.

(3.) On receipt of the FIR, on the above facts, the Chungajan Police Station registered a case, being Chungajan Police Station Case No. 9/2014, under Sections 302/34 of the IPC, investigated into it, collected evidence, arrested the accused-appellants, caused the inquest as well as post-mortem examination on the dead body of the deceased done and finally, on completion of investigation of the case, laid the charge-sheet against the accusedappellants under Sections 302/34 of the IPC.