SANJIB KR GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 28.12.2017 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 30/2005 under Section 302 IPC whereby the accused has been convicted RI under Section 304 Pt-II IPC for seven years and a fine of Rs.500/- in default to undergo further RI for a period of two months.

(2.) I have heard Mr. R Islam, learned counsel for the appellant and Mr. D Das, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case in brief is that an FIR was lodged on 20.06.2013 stating that the present accused person and his wife took the deceased to their house and tides her with a "Gamosa" and assaulted her repeatedly as a result of which she died. Till the filing of the FIR the deceased was in serious condition with injury on her person. The said FIR was registered as Dhekiajuli PS Case No.243/2013 under Section 302/34 IPC and in the meantime the victim died and after completion of investigation, charge-sheet was submitted against the present accused person and his wife Eti Ghosh under Section 302/34 IPC.