ALVISH DUNGDUNG Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment and order, dated 6.10.2005, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No.135/2003, is in challenge in this appeal. By the impugned judgment and order, the learned Sessions Judge, held Alvish Dungdung, (hereinafter called as 'appellant') guilty of killing his wife and accordingly, convicted him under section 302 IPC and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs.2000/-, in default, suffer simple imprisonment for anther period of one month. Aggrieved, by the impugned judgment and order, the convicted person, as appellant, has come up with this appeal.

(2.) WE have heard Mrs M. Bujarbaruah, learned Amicus Curiae, appearing for the appellant and Mr KA Mazumdar, learned Addl. Public Prosecutor, appearing for the State respondent.

(3.) THE prosecution case, as revealed, during the trial, is that, on the night of 23.11.2002, the appellant and his wife were living in their house. THE appellant caused the death of his wife by assaulting her with a lathi. Hearing the hue and cry, the neighbouring people rushed to the place of occurrence and apprehended the appellant. PW 3, who is the own brother of the appellant, on 24.11.2002, lodged an FIR with the police. On receipt of the said FIR, police registered a case under Section 302 IPC, and launched investigation into the matter. During the investigation, police visited the place of occurrence, arrested the accused, seized the lathi (material Ext.1) produced by the appellant, prepared the inquest report (Ext.2) in respect of the dead body, sent the dead body for postmortem examination and examined the witnesses.At the close of the investigation, police submitted the charge-sheet under section 302 IPC, against the accused appellant.. THE learned Sessions Judge framed charge against the appellant, under section 302 IPC. THE charge was read over and explained to the appellant to which, he pleaded not guilty and claimed to be tried.