GANESH BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 7.6.2007, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 63 (NL)/ 2006. By the impugned judgment and order, the learned Sessions Judge convicted the appellant for the offence under Section 302 IPC and accordingly sentenced him to suffer imprisonment for life and pay fine of Rs. 2,000/- in default suffer imprisonment for another period of two months. We have heard Ms. K. Devi, learned Amicus Curiae appearing for the appellant and Mr. D. Das, learned Additional Public Prosecutor.

(2.) The prosecution case, in brief, is that on 15.6.2012 at about 10 P.M., the appellant had killed his wife namely, Smt. Lakhimai Bora (hereinafter called the deceased), in their bed room by inflicting blows with a knife. Shri Putukon Bora, elder brother of the appellant lodged an FIR with the Police, on 16.6.2006, which was registered as North Lakhimpur P.S. Case No. 373/2006, under section 302 IPC.

(3.) The offence being exclusively triable by a Court of Sessions, the learned Sessions Judge, framed charge under section 302 IPC, to which the appellant pleaded not guilty. In order to prove their case, prosecution examined eight witnesses including the Medical Officer (PW7) and the Investigating Officer (PW8). At the close of the evidence for the prosecution, the accused person was examined under section 313 Cr.P.C. During his examination, under section 313 Cr.P.C., the appellant admitted that he had killed his wife by inflicting cut blows with a knife and that he had handed over the knife to the Police. The appellant declined to adduce defence evidence.