GOBIN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 06.03.2002, passed, in Sessions Case No. 84(NL)/1997, the learned Sessions Judge, Lakhimpur, has convicted the accused-appellant, Gobin Saikia, under Section 302 IPC and sentenced him to suffer imprisonment for life and pay fine of Rs. 1,000/- and, in default of payment of fine, undergo rigorous imprisonment for a further period of six months.

(2.) The case against the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows : Deceased Bibha Saikia was the wife of accused-appellant and both of them lived together in their house at village Rajkhowa Gaon. On 15th of August, 1997, at around midnight, the accused-appellant's brother, Lakhinath, came to the house of his uncle, Umakanta Koch and told that the accused- appellant and his wife, Bibha, had been quarrelling as it was late at night and raining too, Umakanta left; but before the day broke fully, Lakhinath, once again, accompanied by Keshab Saikia, came to the house of Umakanta and informed him that Bibha had died. Umakanta accordingly lodged a written FIR, on 16.08.97, at about 10.30 a.m., at Panigaon police outpost. Based on the FIR aforementioned, police registered a case, visited the place of occurrence and held inquest over the said dead body. On completion of investigation, the police laid chargesheet against the accused-appellant under Section 302 IPC.

(3.) To the charge framed under Section 302 IPC, the accused-appellant pleaded not guilty. In all, prosecution examined as money as eleven witnesses including the investigation officer. The accused-appellant was, then, examined under Section 313 Cr.PC and in his examination, the accused-appellant denied that he had committed the offence as alleged to have been committed by him, the case of defence being that the said deceased suffered from insanity, she used to inflict injuries on her own person and that on the night of the occurrence, she had committed suicide by throttling herself to death. The defence also adduced evidence by examining two witnesses including a minor son of the said deceased. On conclusion of the trial, the learned trial Court, on finding the accused- appellant guilty of the charge framed against him, convicted him accordingly and passed sentence against him as mentioned hereinabove. Aggrieved by his conviction and the sentence passed against him, the accused-appellant has preferred the present appeal.