HEMANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J.M. Choudhury, learned senior counsel for the appellant and Mr. P. Bora, learned Public Prosecutor for the respondents.

(2.) This appeal is directed against the judgment and order dated 24.6.2002 passed by the Sessions Judge, Bongaigaon in Sessions Case No. 81(A)/99 whereby the accused appellant has been convicted and sentenced.

(3.) Smti. Rupa Bala Das since deceased was the daughter of the informant Nara Mohan Das and she was given in marriage to the accused appellant and out of the said wedlock, three children were born to her. The unfortunate incident took place on 17.7.97 and according to the prosecution the accused assaulted his wife with an iron axe causing instantaneous death. The accused appellant was tried by the Sessions Judge, Bongaigaon and vide impugned judgment the trial court convicted the accused appellant under Section 302 IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 3000/- in default further imprisonment for one month. Hence, the present appeal.