BIJOY BAKTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Ms. R.D. Mazumdar, learned amicus curiae, appearing for the appellant, and Mr. F.H. Laskar, learned Addl. Public Prosecutor, Assam.

(2.) THE appellant Bijoy Bakti stands convicted of the offence of murder under Section 302 IPC in Sessions Case No. 90/1998 on the allegation that on 23.7.1998 he killed his wife Lakshi inside his house. The trial Court sentenced the accused -appellant to imprisonment for life and to pay a fine of Rs. 100 in default to further imprisonment for one month. Gopai Bakti (PW -1) is the informant of the case and is the uncle of the accused -appellant. Premodhar Dutta (PW -3) is the Gaon Burah of the area and Kartik Bakti (PW -5) is a co -villager. All the three witnesses have deposed that on going to the house of the accused -appellant they found his wife Lakshi lying dead with cut injuries on her person. The autopsy was conducted by Dr. Mukul Sarmah, (PW -2) who found as follows:

(3.) IN the opinion of the doctor, the death was due to shock and haemorrhage as a result of injuries sustained. The medical evidence has not been challenged and considering the oral evidence on record, the trial Court rightly held this case to be homicide.