Decided on October 11,2018

Ram Bhuyan Appellant
STATE OF ASSAM Respondents


M. R. Pathak, J. - (1.) The accused appellant Sri Ram Bhuyan has preferred this Criminal Appeal from jail being aggrieved with the judgment of conviction and order of sentence dated 01.05.2015 passed by learned Additional Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 92 (NL) of 2015, arising out of G.R. Case No. 2093/2014, corresponding to North Lakhimpur Police Station Case No. 1128 of 2014 by which the appellant/accused has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for Life with a fine of Rs. 5,000/-only, in default of payment of the same to undergo further Rigorous Imprisonment for a period of 3 (three) months, with the observation that fine amount, if realised, shall be handed over to the family of the deceased.
(2.) The prosecution case, as it emerges from the First Information Report dated 21.10.2014 (Exhibit-3) lodged by one Aklu Bhuyan (PW.1) before the Officer-in-Charge of Nowboicha Police Outpost is that in the afternoon around 04:00 p.m. on 21.10.2014 when he returned home from his work on daily wages, his son Mridul Bhuyan (PW.6) informed him that his (informant's) elder brother, Sri Ram Bhuyan picked up a quarrel with his wife Rajani Bhuyan, punched his wife on her face, threw her on the ground, kicked her on the stomach, assaulted her with bamboo stick, thereby causing her death and he was informed that the dead body of his wife was lying on the bank of the river Singra and after having a look at the said dead body, he had straight way went to Nowboicha Outpost and informed the police about the incident.
(3.) On receipt of the said FIR, Nowboicha Police Outpost forwarded the same to the Lakhimpur Police Station wherein Lakhimpur PS Case No. 1128/2014 under Section 302 IPC corresponding to G.R. Case No. 2093/2014 was registered against the accused/appellant.;

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