LAKHI GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant herein is the husband of the deceased. He has been convicted under Sections 302 and 201 of the Indian Penal Code, vide impugned judgment dated 6.1.2005, passed by the then learned Sessions Judge, Dhemaji in Sessions Case No. 72 (DH) of 2004. On such conviction, the appellant has been sentenced to undergo imprisonment for life with fine of Rs. 1,000/ - (Rupees one thousand) for the offence of murder, and in default, a sentence of further R.I. for 6 (six) months and another sentence of R.I. for 2 (two) years with fine of Rs. 1,000/ - (Rupees one thousand) and in default, sentence for 3 (three)' months R.I. Both the sentences having been directed to run concurrently. Being aggrieved with the conviction and sentences, the convict has preferred this appeal. We have heard the argument of Shri D.K. Chomal, learned amicus curiae for the appellant and Shri D. Das, learned Addl. Public Prosecutor, Assam for the State respondent. We have also gone through the impugned judgment and the evidence proffered by the prosecution.

(2.) IT may be mentioned herein that although a plea was taken by the accused during cross -examination of the prosecution, witnesses that on the relevant day his wife had gone to Guwahati for treatment with their son neither the son was examined as defence witness nor any other documentary evidence of medical treatment of the deceased was produced in the Court.

(3.) ON the other hand, the prosecution case is that since about 26.10.2003, Smti Munna Goswami, wife of the appellant was found missing and traceless from the village. Accordingly, 7 (seven) female persons belonging to local Manila Samity lodged a missing report at the police station. On the basis of the said information, a preliminary enquiry was held by the ASI, Shri Ratneswar Saikia and during interrogation of the accused, the fact of murder and burying of the dead body in the compound surfaced and accordingly, the police officer lodged a formal FIR on the same day i.e. on 5.11.2003, which came to be registered as Gogamukh P.S. 109 of 2003 under Sections 302/201 of the Indian Penal Code.