LAWS(GAU)-2019-10-62

MUHI GOGOI Vs. STATE OF ASSAM

Decided On October 21, 2019
Muhi Gogoi Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 06.06.2017 passed by the learned Additional Sessions Judge, Golaghat, in Sessions Case No. 30/2016. By the said judgment, the learned Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to imprisonment for life and fine of Rs. 2000/- with default stipulation.

(2.) As per the prosecution case, on 16.8.2016, the victim, wife of the informant went out from the house, to attend an interview and she did not return. On the next day, at about 7.30 AM, an youth informed the husband of the victim, that the body of his wife was lying at Kachugaon by the side of the road with multiple injuries. Immediately he arrived at the place of occurrence and found the body of his wife with multiple cut injuries. Police also came and seized the scooter, which was used by the victim. A formal FIR was lodged by PW-1, the husband of the victim, on the basis of which, police registered Golaghat P.S. Case No. 638/2016 under Section 302 IPC and on completion of the investigation, submitted charge sheet against the appellant.

(3.) In course of trial, charge under Section 302 IPC has framed against the accused, which was abjured by the appellant. In order of bring home the charge, prosecution examined as many as 8 witnesses including the doctor, who conducted the postmortem examination and on appreciation of the evidence, learned Sessions Judge, convicted the appellant under Section 302 IPC and awarded sentence as indicated above.