NIPEN BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Baruah, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/respondent No. 1. Ms. D. Saikia, learned Legal Aid Counsel has appeared for the informant/respondent no. 2.

(2.) The instant appeal is directed against the judgment and order dated 08/12/2017 passed by the Court of Sessions Judge, Udalguri, Assam, in connection with Sessions Case No. 115(U)/2015, whereby, the sole appellant Sri Nipen Boro had been convicted under Section 302 of the Indian Penal Code for committing murder of Swdwmshri Daimari and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5000/-, in default, to undergo rigorous imprisonment for three months.

(3.) The prosecution case, in a nutshell, is that the appellant had a love affair with the deceased. On 03/04/2015, the appellant had called the deceased from her home, committed rape on her and thereafter, killed her at night by strangulation and had thrown the dead body on the bank of Nonai river at Dhupguri Gaon.