BADAL GORH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. J. Talukdar, learned Senior Counsel and Amicus Curiae for the appellant, assisted by Mr. P. K. Medhi, learned counsel. Also heard Ms. A. Begum, learned Addl. Public Prosecutor, Assam.

(2.) This appeal has been filed against the impugned judgment and order dtd. 16/9/2020, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur, in Sessions Case No. 8(NL)/2018, by which the appellant has been convicted under Sec. 302 of the IPC and sentenced to undergo imprisonment for life with a fine of Rs.1,000.00, in default, rigorous imprisonment for one month, on account of the appellant killing his wife with a dao .

(3.) The prosecution case, in brief, is that an FIR dtd. 7/8/2017 has been submitted to the In-Charge, Silonibari Out-post by Prosecution Witness No.1 (PW-1), who is the brother of his deceased sister. The FIR states that the deceased was his elder sister and that she had been killed by her husband (appellant) around 2 am on 6/8/2017, where her neck was slit with a dao. Pursuant to the FIR, North Lakhimpur P.S. Case No. 1019/2017 under Sec. 302 of the IPC was registered.