MODON URANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. R. A. Choudhury, learned senior counsel for the appellant, assisted by Mr. I. U. Choudhury, learned counsel and Mr. U. Choudhury, learned Legal Aid Counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel and Addl. PP, Assam, assisted by Ms. R. Das, learned counsel.

(2.) This appeal has put to challenge the conviction of the appellant under Sec. 302 of the IPC for having killed his wife, who had eloped. The appellant has been convicted by the impugned Judgment dtd. 1/8/2022 passed by the learned Addl. Sessions Judge, Dibrugarh in Sessions Case No.168/2017 and sentenced to undergo rigorous imprisonment for life with a fine of Rs.3000.00, in default, to undergo simple imprisonment for three months.

(3.) The appellant's counsel submits that the only eye witness to the crime in question is PW-5, who is an Assistant Sub-Inspector of Police at Milan Nagar Outpost, Dibrugarh Police Station. He submits that though the alleged incident took place in a tea garden, where bonus was being paid to the workers and a nearby market had been set up in the area, the charge-sheet has not listed any private/independent person to be a prosecution witness. Instead PW-5, who is a policeman, has been made an eye witness to the crime. He submits that in the absence of any private/independent witness, the evidence of PW-5 cannot be the sole ground for convicting the appellant.