KHIREN CHANDRA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Singh, learned amicus curiae appearing on behalf of the appellant and Mr. D. Das, learned Public Prosecutor, Assam.

(2.) This appeal from jail has been directed against the judgment and order dated 29.4.99 passed by the learned Sessions Judge, Goalpara in Sessions Case No. 26/98.

(3.) The prosecution story as it emerges from the ejahar lodged by P. W. 1 Ratneswar Kalita with Matia Police Station, Goalpara is that in the morning of 19.2.98 when the door of the appellant's house was not opened upto 9 a.m., P. W. 1 being the elder brother of the appellant, residing in the same compound, felt some untoward incident because of the abnormal closure of the door of the appellant's house and, accordingly, he called some neighbours and in their presence the door was opened. On entering the house, the dead body of late Nirupama Kalita, wife of the appellant was found lying covered with a blanket in a pool of blood. They suspected that the appellant who did not have good relationship with his wife murdered her. Accordingly, the ej ahar was lodged as noted above.