(1.) Heard Mr. S. D. Purakayastha, learned Amicus Curiae. Also heard Ms. B. Bhuyan,lborty, learned counsel for the respondents.
(2.) This criminal appeal has been preferred by the appellant Sri. Bijit Saikia @ Ken assailing the judgment and order dtd. 4/4/2018 passed by the Court of Sessions Judge, Jorhat in connection with Sessions case no 71(J-J)/2015 corresponding with GR case no. 318/2014 wherein the appellant has been convicted under Sec. 302/201 of IPC, 1860 for committing murder and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000.00(ten thousand) in default of payment of fine, to undergo rigorous imprisonment for another six months under Sec. 302 of IPC and also rigorous imprisonment for four years with fine of Rs.5,000.00 (five thousand) in default of payment of fine, to undergo rigorous imprisonment for another three months under Sec. 201 of IPC. Both the sentences to run concurrently.
(3.) The prosecution story in brief is that Ejahar dtd. 2/7/2014 was lodged before the Officer-in-Charge, Mariani Police Station by the informant, Sri. Deben Gogoi alleging that on 1/7/2014, there was a quarrel between the husband and wife in the house of Bijit Saikia @ Ken, a resident of Lahing Village and following that quarrel Bijit Saikia killed his wife by assaulting her repeatedly. Thereafter, the dead body was cremated inside the compound in presence of few persons of Lahing Village. The matter was informed to the informant by one Sri Soni Kachari, a resident of the same village. On receipt of the ejahar by the Officer-in-Charge, Mariani Police Station, FIR was registered as Mariani P.S. Case No. 139/2014 under Sec. 302/201/120(B) of IPC, 1860. On completion of the investigation, the Police filed a charge-sheet against the accused Bijit Saikia @ Ken and two co-accused Gonaram Baruah and Golap Gogoi under Sec. 302/201/120(B) of IPC vide charge-sheet No. 174/2014 dtd. 30/11/2014.