SANTOSH GHATOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 10.07.2007, passed by the learned Sessions Judge, Sivasagar in Sessions Case No. 45(S-C) 06. By the impugned judgment and order, the learned Sessions Judge, convicted the appellant for the offence under Section 302 IPC and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 1,000.00 in default suffer rigorous imprisonment for another period of 6 months for his conviction under Section 302 IPC. Aggrieved by the said conviction and sentence, the convicted person, as appellant has come up with this appeal.

(2.) We have heard Ms. D. Buragohain, learned Amicus Curiae appearing for the appellant and Mr. D. Das, learned Addl. Public Prosecutor appearing for the State respondent.

(3.) The prosecution case, in brief, is that that appellant and his wife Smti. Sushila Ghatowar lived together in their house and on 18.07.2005, at about 1-00 P.M., the appellant assaulted her with a lathi (bamboo stick) and caused her dead.The dead body of Smti. Sushila Ghatowar (herein after called the 'deceased') was found lying in their courtyard. Immediately, after committing the said crime, the appellant visited the house of Sri Bablu Ghatowar and informed him that he had killed the deceased. Sri Bablu Ghato-war (PW-2) as informant lodged an FIR (Ext. 3) with the police. Accordingly police regis-tered a case and launched investigation into the matter. During the course of investigation, police visited the place of occurrence i.e. the house of the appellant, where they found that the dead body of the deceased, prepared the inquest report (Ext. 2), and a sketch map of the place of occurrence, forwarded the dead body for post mortem examination, arrested the accused person, seized a bamboo lathi from him. Concluding the investigation, police submitted charge-sheet against the appellant under Section 302 IPC. The learned Sub-Divisional Judicial Magistrate (Sadar) commi-tted the case for trial and accordingly the learned Sessions Judge framed charge under Section 302 IPC. The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried.