AGHNU GOWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 22/12/2003, passed by the learned Sessions Judge, Sonitpur, in Sessions Case No. 47/2003. By the impugned judgment and order, the learned Sessions Judge, held the appellant guilty of the offence under section 302 Indian Penal Code (hereinafter referred to as the IPC) and sentenced him to suffer imprisonment for life and pay a fine of Rs. 1,000/-, in default suffer rigorous imprisonment for another period of thirty days.

(2.) We have heard Mr. M. Biswas, learned Amicus Curiae appearing for the appellant and Mr. K. Mazumdar, learned Additional Public Prosecutor, for the State of Assam.

(3.) The prosecution case, as revealed at the trial, is that, on 27/2/2002, at about 5.30 P.M., the appellant killed Smt. Kali Majhi, (hereinafter called the deceased) wife of Mr. Mohan Majhi with a dao. The husband of the deceased, as informant, lodged an FIR with the Police, on the next date, which was registered as Dhekiajuli P.S. Case No. 72/2002 under section 302. After receipt of the said FIR, Police registered a case and launched investigation into the matter. During the investigation, Police visited the place of occurrence, conducted the inquest report of the dead body, forwarded the dead body for post mortem examination, seized a blood stained dao on being produced by the appellant and a blood stained chaadar, recorded the statement of the witnesses and arrested the appellant. At the close of the investigation, Police submitted charge sheet against the appellant under section 302 IPC.