DUGDUGI KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned Amicus Curiae for the appellant and Mr. D. Das, learned Additional Public Prosecutor for the State respondent. None appears for respondent No.2.

(2.) The accused/appellant is a niece of the deceased Mohan Das and on 03.04.2014, Mohan Das came to the house of the accused for dinner and at about 7.00 PM, a quarrel took place between the deceased and the accused and the accused assaulted Mohan Das in her house with a branch of tree and a 'dao' as a result of which he died in the house of the accused. The wife of the deceased, Lilimai Das lodged an FIR on 04.04.2014 alleging that the accused persons, i.e., the present accused/appellant and one Smti. Babita Das (owner of the rented premises) killed her husband in a pre-planned manner with the help of other persons. FIR was registered as Morigaon P.S. Case No.138/2014, under Sec. 302 Penal Code and on surrender accused was arrested immediately. At the conclusion of the trial, police submitted charge sheet under Sec. 302 Penal Code against the accused persons Dugdugi Kalita and Pradip Kalita and Babita Das was not sent up for trial. As the case was triable Sessions triable, the same was committed to the Court of Sessions for favour of trial.

(3.) The accused faced the trial and denied the charge under Sec. 302/34 Penal Code. As none was there to defend the case of the accused person, so the State defence counsel was appointed to conduct the case, by the learned trial court.