KUMAR SUNILAL DEB Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THESE two appeals arise out of the same subject matter. Kumar Sunilal Deb (Appellant) was tried under Section 302 I.P.C. for causing the death of his wife and the trial Court convicted him under the said section and sentenced to suffer rigorous imprisonment for life.

(2.) A brief narration of the fact leading to the present appeal is that on 5.5.73 the Appellant caused the death of his wife inside his house while both of them were sitting by closing the door and the informant P.W. 2, Jagadish Ch. Roy, the nephew of the Appellant after gelling some information from the neighboring people went to the place of his maternal uncle and found that his maternal aunt was killed inside the house by his maternal uncle. Thereafter the next day i.e. on 6.5.73 he (P.W. 2) lodged an ejahar at the Abhoyapuri Police Section. On receipt of the First Information Report, police storied investigation and during the course of the investigation the Appellant was arrested in his own house on being held by the public on the date of occurrence itself. The dead body of deceased Binapani was sent for post -mortem examination and P.W. 1, Dr. B.B. Home held the post -mortem on the dead body of Binapani. After completion of the investigation the Appellant was charged under Section 302 I.P.C The learned trial Court also framed the charge under Section 302 I.P.C. against the Appellant, The charge was explained and the Appellant denied any complicity in the offence.

(3.) THERE is no dispute regarding the death of the deceased Binapani, which has been justified by the evidence of the prosecution witnesses; and also it has been found from the evidence of P.W. 1, the doctor who held the post -mortem examination.