BABUL ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 12.11.2003, passed by the learned Sessions Judge, Karimganj in Sessions Case No. 24/03, convicting the accused appellant under Section 302 IPC and sentencing him to life imprisonment with a fine of Rs. 500, in default, rigorous imprisonment for one month.

(2.) THE prosecution case against the accused appellant was set to motion with the lodging of the FIR dated 16.6.1999 by one Shri Parimal Chandra Saha (PW4) in Karimganj Police Station. As per the FIR, the accused appellant along with one Smt. Chhaya Rani Roy had been committing excesses on his deceased sister ever since her marriage with the accused appellant. The FIR further revealed that at around 12'O clock of the previous night, the accused persons assaulted his deceased sister to death in their house. On receipt of the information, on telephone, the first informant came to know about the death of his sister. As per the FIR, on receipt of the said information he went to her younger sister's house and taking her along, went to the accused persons' house and found that their sister had been killed by the accused persons.

(3.) AFTER necessary investigation etc. the police submitted charge sheet only against the accused appellant. The case was committed to the court of Learned Sessions Judge by the Additional Chief Judicial Magistrate, Karimganj, vide his order dated 28.4.2003.