BABUL BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 16.08.2005, passed by the learned Additional Sessions Judge (Ad-hoc), Biswanath Chariali, Dist. Sonitpur in Sessions Case No. 56/2005. By the impugned judgment and order, the learned Sessions Judge convicted the appellant, namely, Shri Babul Baruah, who is the husband of the deceased, for the offence under Section 302 of the Indian Penal Code (for short, 'IPC') and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 500/-(Rupees five hundred), in default, suffer rigorous imprisonment for another period of 15 (fifteen) days. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

(2.) WE have heard Mr. R.K. Adhikary, learned Amicus Curiae, appearing for the appellant and Mr. Z. Kamar, learned Public Prosecutor, appearing for the State respondent.

(3.) THE prosecution version is that the appellant killed his wife by strangulation. In order to prove its case, the prosecution examined as many as 12 (twelve) witnesses, including the Medical Officer (PW-12), who performed autopsy and the Investigating Officer (PW-11). THE learned Sessions Judge, considering the evidence, on record, convicted and sentenced the accused-appellant, as indicated above. Being aggrieved by the conviction and sentence, the appellant has come up with the appeal.