MANAGAL BHUMIJ Vs. STATE OF ASSAM

JUDGEMENT

(1.) This jail appeal is directed against the judgment and order dated 1.4.96 passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 22 (T) of 1992 convicting the accused appellant u/s 3(02 IPC and sentencing him there under to imprisonment for life and also to pay a fine of Rs. 5000/-, in default to further 2 years' RI.

(2.) We have heard learned counsel Mrs A. Devi appointed as amicus curiae in this case as well as Mr. B. Banerjee, learned public prosecutor, Assam. We have also considered the records of the case.

(3.) On 27.5.1991an FIR was lodged in Tinsukia Police Station to the effect that on 26.5.91 at about 5 AM in the morning when the informant Suk Ram Bhumiz (PW 2) the elder brother of the accused Mangal Bhumij came home, he found his younger brother's wife Nilomoni Bhumij lying dead with injuries caused by dao on her neck. His younger brother Mangal Bhumij on being asked replied that he himself killed his wife by hacking her with a dao. On receipt of this FIR the police registered a case, visited the place of occurrence, sent the dead body for post mortem examination after holding inquest, examined witnesses, seized the dao in question by seizure list Ext. 2 on being led by the accused and got the confessional statement of the accused recorded by a Magistrate. On completion of investigation the police charge sheeted the accused u/s 302 IPC. The learned Magistrate committed the case under the said section of law to the Court of Session.