NARBAHADUR DARJEE (IN JAIL) Vs. STATE

JUDGEMENT

(1.) This is an appeal from jail against the appellant's conviction by the Additional Sessions Judge, Upper Assam Districts at Dibrugarh under Section 302 Indian Penal Code and sentence of life imprisonment.

(2.) The prosecution case briefly is that the appellant when he returned home from the tea garden after drawing his wages found his wife having illicit intercourse with one Malbirsa Mura and also found another person Bara Orang sitting by the side. Having become enraged at this, he dealt dao blows on his wife at her neck and head on which she fell down and apparently died instantaneously. The accused himself proceeded to the Barbarooah Police Out-Post and lodged an ejahar in which he stated the above facts.

(3.) The evidence for the prosecution consists of P. W. 1 to whom the accused made an extra judicial confession about his having struck his wife with a dao and killed her and whom he requested to prepare a petition to the Police. The witness accordingly wrote Ext. 1 which was signed by the accused and it is this that has been lodged as the first information report in the case. The evidence of P. W. 1 receives corroboration from that of P. W. 2 who deposes that when he was near the Police Out-Post, he saw the accused appearing with a dao and a written paper, telling the Police that he had cut his wife and lodging the paper with them. He also stated that the dao was seized from the accused. The evidence of other witnesses is not of much consequence.