SUKRA BHAKTA Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-103
HIGH COURT OF GAUHATI
Decided on November 30,2018

Sukra Bhakta Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is an appeal, preferred from jail, by the accused-appellant, against the judgment and order, dated 2.5.2015, passed by the learned Additional Sessions Judge, Dibrugarh, in Sessions Case No. 88/2010, 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 informant, examined as PW1, lodged an FIR with the Barbaruah Police Station, alleging that while herself and her members of the family including her mother were attending a marriage ceremony of her paternal uncle's son, the accused dragged her mother from the marriage ceremony itself, and thereafter, killed her. The occurrence took place on 18.4.2010.
(2.) On receipt of the FIR, on the above facts, Barbaruah Police Station registered a case, being No. 53/2010 under Section 302 IPC, investigated into it, collected evidence, and on completion of investigation, laid the charge-sheet against the accused-appellant 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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