SAMARU MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 27.06.2008, passed, in Sessions Case No. 03(M)/2008, by the learned Additional Sessions Judge No. 2(FTC), Tinsukia, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs. 500/- and, in default of payment of fine, suffer rigorous imprisonment for a period of 3(three) months. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(2.) At the trial, when a charge, under Section 302 IPC, was framed, the accused pleaded not guilty thereto.

(3.) In support of their case, prosecution examined altogether 8(eight) witnesses. The accused was, then, examined under Section 313 Cr.P.C. and, in his examination aforementioned, the accused took the plea that his wife had illicit relation with another person and, on the question of her said illicit relationship, a quarrel took place between them and following the quarrel, he (accused) happened to kill his wife. No evidence was adduced by the defence.