GOIN SAIKIA Vs. STATEOF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 6-3-2002, passed, in Sessions Case No. 84(NL)/1997, the learned Sessions Judge, Lukhimpur, 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 stated as follows :-

(3.) To the charge framed under Section 302, IPC, the accused-appellant pleaded not guilty. In all, prosecution examined as many as eleven witnesses including the investigation officer. The accused-appellant was then, examined under Section 313, Cr.P.C. 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.