SIBA KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgement and order, dated 15.07.2008, passed, in Sessions Case No. 187/2007, by the learned Sessions Judge, Dibrugarh, whereby the learned Sessions judge has convicted the accused -appellant, under Sections 302, IPC, and sentenced him to suffer imprisonment for life with fine of Rs. 5,000/ - and, in default of payment of fine, to suffer rigorous imprisonment for another one year. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(2.) WE have heard Mr. J. Islam, learned amicus curiae. We have also heard Mr. D. Das, learned Additional Public Prosecutor, Assam.

(3.) NOTHING could be elicited by the defence from the cross -examination of P.W. 1, P.W. 2 and P.W. 3 to show that what they had deposed was untrue or false. In fact, notwithstanding the fact that P.W. 4, P.W. 5 and P.W. 6 had turned hostile, the fact remains that the evidence of P.W. 1, P.W. 2 and P.W. 3 have, as indicated above, remained unshaken and it is noteworthy that the accused -appellant has himself admitted the truthfulness of the evidence given by P.W. 1, P.W. 2 and P.W. 3, while being examined under Section 313 Cr.P.C. and he, apart from admitting that what the witnesses had deposed was true, has stated that he had no intention to cause his wife's death.