BENUDHAR RAJKHOWA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.7.2005 delivered by the learned Additional Sessions Judge (Ad hoc) FTC, Biswanath Chariali in Sessions Case No. 31 of 2004 convicting the appellant under section 302, IPC for murdering his wife and sentencing him to go rigorous imprisonment for life and fine of Rs. 500 and in default of payment of fine, further rigorous imprisonment for 15 days.

(2.) The synopsis of the prosecution case is that on 5.9.2011 one Shri Raju Phukan lodged an FIR with the Gohpur Police Station alleging that on that day Shri Kahagen Baruah informed him that the wife of Shri Benudhar Rajkhowa was found dead inside his house and he along with one Shri Puneswar Hazarika and Mohendra Hazarika went to the house of Benudhar and found his wife lying dead. He suspected that Benudhar has murdered his wife. FIR so received was registered as Gohpur PS. Case No. No. 267/2001 under section 302, IPC which was subsequently registered as GR Case No. 566/2001. The Officer In-charge of the said PS. himself took up the investigation and visited the place of occurrence, held inquest, seized some articles and prepared a seizure list in presence of the witnesses, drew sketch map of the place of occurrence and recorded the statement of witnesses. The dead body was sent for post mortem examination and the report was collected. On completion of investigation, the I.O. submitted the charge sheet against the appellant under section 302, IPC. The jurisdictional Sub-Divisional Magistrate committed the case to the Court of Sessions, Sonitpur along with all relevant records. On receipt of the records on committal, the learned Sessions Judge, Sonitpur made over the case to the learned Additional Sessions Judge (Ad hoc) FTC, Biswanath Chariali for trial and disposal.

(3.) On the basis of the materials found on record, the learned trial court framed charge under section 302, IPC, which the appellant on being read over and explained, denied and pleaded not guilty claiming trial.