SUGANDHA RAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by the convict, who is in custody, is against the judgment and conviction dated 28th November, 2008 passed by the learned Sessions Judge, Nalbari in Sessions Case No. 27/2008, convicting the appellant for the charge framed under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees Five Thousand), in default to undergo rigorous imprisonment for a period of 6 (six) months. Criminal investigation was set in motion on lodging of an FIR (Exhibit-3) by Nishi Kanta Rai (PW-2), the father-in-law of the deceased, alleging that on 21st November, 2007 at about 5:00 AM, his son (accused) killed his wife Rita Rani Ray by inflicting Dao blows on her neck and after committing the crime the accused attempted to commit suicide by consuming poisonous substance. The said FIR was registered as Ghagrapar Police Station Case No. 66/2007, under Section 302 IPC. The police during investigation seized the Dao and also recorded the statements, under Section 161 Cr.P.C. of the persons acquainted with the facts of the case. The police also conducted the inquest and sent the dead body for post mortem examination. On completion of investigation, charge-sheet was filed on 31st December, 2007. The case being exclusively triable by the Court of sessions, it was committed to the Court of sessions on 28th March, 2008. The charge under Section 302 IPC was, thereafter, framed against the accused/appellant on 25th April, 2008, which when read over and explained to the accused/appellant, he pleaded not guilty and claimed to be tried. Hence, the trial commenced.

(2.) The prosecution, in order to prove the case, has examined 9(nine) witnesses, namely, Md. Nur Zamal, Secretary, VDP as PW-1; Sri Nishi Kanta Rai, the first information and the father of the accused, who has been declared as hostile, as PW-2; Dr. (Mrs.) Alaka Das, who conducted the autopsy on the body of the deceased and submitted the post mortem report (Exhibit-4) as PW-3; Sri Surajit Rai, a co-villager as PW-4; Sri Tanay Rai, another co-villager as PW-5, Sri Jiban Rai, another co-villagers as PW-6; Sri Bimal Mitra, the brother-in-law of the accused and brother of the deceased, who is 11 years old, as PW-7; Sri Nikhil Ch. Mitra, the father of the deceased as PW-8 and Sri Bhupen Bora, the Investigating Officer as PW-9. During trial, the dao has also been exhibited as material Exhibit-1, apart from the seizure memo and also the post mortem report as Exhibit-4.

(3.) The learned Sessions Judge, upon appreciation of the evidence adduced and based on the circumstantial evidence, chain of which, according to the learned Sessions Judge, is complete pointing to the guilty of the accused only, convicted the accused/appellant under Section 302 IPC and sentenced him to rigorous imprisonment for life and to pay the fine, as noticed above. Hence, the present appeal.