Decided on November 08,2018

Masi Hemram Appellant
STATE OF ASSAM Respondents


H K Sarma, J. - (1.) This Criminal Appeal (J) 10/2016 has been preferred by appellant Sri Masi Hemram, against the judgment, dated 18.11.2015, passed by learned Sessions Judge, Lakhimpur, North Lakhimpur, in Sessions Case No. 193(NL)/2013 convicting the appellant for offence under Section 302 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for life with payment of fine of Rs 5,000/-, in default, to suffer further rigorous imprisonment for 6 (six) months.
(2.) The prosecution case is that, in the night of 08.08.2013, the appellant committed murder of his wife in his house. The deceased, Rukmini Hemram was the sister of the informant (PW1). On receipt of the information, on the next day, i.e., on 09.08.2013, the informant (PW1) went to the place of occurrence and found the deceased lying dead inside a room of the house of the accused-appellant. The informant also got information from his nephew that in the previous night there took place a quarrel between his parents. However, on 09.08.2013, at about 9:15 a.m. the PW6 informed police that a woman was murdered by a man in his house at Seajuli Tinali. The PW7/Investigating Police Officer of Boginadi Police Station entered the information in the General Diary, vide Ext-3, and initiated the investigation of the case, before receipt of the formal FIR, on the same day, i.e., on 09.08.2013.
(3.) On receipt of the FIR, the Boginadi Police Station registered a case, being No. 88/2013, under Section 302 of the IPC, investigated into it, collected evidence, got inquest of the dead body as well as post-mortem examination done, arrested the accused on his surrender in the police station. Also recovered the weapon, used in the offence, on the basis of the disclosure statement and on being led by the appellant. Finally, on completion of the investigation, the Investigating Officer laid the charge-sheet against the appellant under Section 302 of the IPC.;

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