TARUN DAS Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-92
HIGH COURT OF GAUHATI
Decided on November 28,2018

TARUN DAS Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This criminal appeal, preferred from jail, by the accused-appellant, against the judgment and order, dated 27.01.2015, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 63(JJ)/213, convicting and sentencing the accused-appellant to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- with a default clause, under Section 302 IPC. (1) The fact of the prosecution case is that, the accused-appellant, on 3.3.2013, in the midnight, assaulted his wife resulting in her death. This incident was witnessed by PW1/minor daughter of the deceased as well as the accused-appellant. On coming to know about the occurrence, PW2, Smt. Makon Das, lodged the FIR with the Madhupur Police Outpost.
(2.) After entering such information in the General Diary, Madhupur Police Outpost, forwarded the FIR to the Titabar Police Station which registered a case, being Titabar PS Case No. 50/2013 under Section 302 IPC, investigated into it, collected evidence, and on completion of investigation, laid the charge-sheet against the accused-appellant for commission of an offence under Section 302 IPC.
(3.) After exhausting all the required legal formalities, the trial court framed a formal charge against the accused-appellant under Section 302 IPC. The accused-appellant pleaded innocence to the charge and claimed to be tried. Therefore, the trial commenced.;


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