BABU SENA MOITEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the judgment and order dated 20.02.2006, passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 49/2005, the accused-appellant has been convicted under section 302 of the Indian Penal Code (for short hereafter referred to as the IPC) and sentenced to suffer imprisonment for life and also to pay a fine of Rs. 2000/-, in default, to undergo rigorous imprisonment for further 2 years. Being aggrieved, the appellant, who is in jail, is in appeal for redress.

(2.) We have heard Ms. Rita Das Majumdar, learned Amicus Curiae for the accused-appellant and Mr. KA Mazumdar, learned Addl. Public Prosecutor, Assam.

(3.) Sarupathar Police Station Case No. 146/04, under section 302 IPC was registered on the receipt of a FIR dated 27.12.2004, lodged by one Sri Sanatan Moitoe, alleging that about 06.00 a.m., on the same date, the accused-appellant had hacked his wife Smt. Prova Devi to death while the latter was engaged in household chores. The FIR disclosed that after the incident, the accused-appellant had been detained at the place of occurrence by the neighbouring people, who gathered their on hearing hue and cry.