JAHANUDDIN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Barman, learned Amicus Curiae for the appellant. Also heard Ms. A. Begum, learned Addl. P.P. for the State.

(2.) The appellant has put to challenge the judgment dtd. 8/12/2020, passed by the learned Addl. Sessions Judge, Bilasipara in Sessions Case No.18/2019, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.5,000,.00 in default, to undergo rigorous imprisonment for 2 months.

(3.) The learned Amicus Curiae for the appellant submits that there is no eye witness to the murder of the appellant's wife. She also submits that there is no circumstantial evidence to prove that the appellant had killed his wife with a sharp weapon, even though the appellant had surrendered before the police with a dao. The learned Amicus Curiae submits that the weapon (dao) that had been seized by the police from the appellant had not been sent to the Forensic Science Laboratory for examination and there was no bloodstain on the dao. She also submits that in his examination under Sec. 313 Cr.P.C, the appellant had given an explanation to the last question, to the effect that the informant (PW-1), the step-brother of the deceased, had killed the deceased, as they were both claiming the property of their mother. She submits that the fact that the informant and the deceased were having a property dispute is also reflected in the evidence of PW-4 in his cross-examination, wherein he has stated as follows: