MANIA MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned Amicus Curiae, Mr. Z. Alam for the appellant, learned Addl. P.P., Ms. S. Jahan for the State-respondent No.1 and Mr. M.K. Sharma, learned counsel for the respondent No. 2/informant.

(2.) This appeal is directed against the judgment and order dated 19-05-2016 passed by the learned Sessions Judge, Tinsukia in Sessions Case No.46(T)/2010, By the said judgment, the learned Addl. Sessions Judge convicted the appellant under section 302 IPC and sentenced him to imprisonment for life and fine of Rs.1,000/- with default stipulation.

(3.) An FIR was lodged by Dilip Kr. Sonowal (PW-1), alleging, that on 09-01-2008 at about 2.30 pm, upon receiving a phone call from the neighbourer of the deceased, that an incident had taken place in the house of the deceased, he rushed to her house and found the deceased Dalima lying in a pool of blood. Immediately they shifted the deceased to the hospital. However, she succumbed to the injuries. It was also alleged in the FIR that one Arati was working as a maid in the house of the deceased. On the basis of the said FIR, police registered Tinsukia P.S. No. 25/2008 u/s 448/302 and commenced investigation. In course of investigation, police recorded the statement of the witnesses, seized various suspected incriminating articles, prepared the inquest report and sent the body for post mortem examination. Dr. Netramoni Kakoti (PW-26) conducted the post mortem examination on the body of the deceased.