LAWS(GAU)-2012-10-8

BIKRAM KHODAL Vs. STATE OF ASSAM

Decided On October 04, 2012
Bikram Khodal Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 23.11.2006, passed by the learned Additional Sessions Judge (FTC), Sivasagar, in Sessions Case No. 34 (S-S) 2006. By the impugned judgment and order, the learned Sessions Judge, convicted the appellant for the offence, under Section 302 I.P.C. and sentenced him to surfer imprisonment for life and pay fine of Rs. 1,000/-, in default, suffer rigorous imprisonment for 3 (three) months, for his conviction under Section 302 IPC.

(2.) We have heard Mr. K. Goswami, learned Amicus Curiae, appearing for the appellant and Mr. Z. Kamar, learned Public Prosecutor, State of Asssam.

(3.) The prosecution case, in brief, is that the appellant, namely, Shri Bikram Khodal (hereinafter called "the appellant') and his wife, namely, Smti Anima Khodal (hereinafter referred to as 'the deceased') were living in their house and on 17.09.2005, at about 7 A.M., the deadbody of the deceased was found lying, in a pool of blood in their house and the appellant was also found near the deadbody in his house. On being asked, by some of the prosecution witnesses, the appellant confessed that he had killed his wife by assaulting her with a 'lathi'.