SHRI GOBIN RAJWER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.H. Hazarika, learned Amicus Curiae appearing for the appellant and Mr. P.C. Gayon, learned Counsel representing the respondent.

(2.) This jail appeal has been preferred by the appellant against the judgment and order dated 7.9.2004 passed by the learned Sessions Judge, Sivsagar in Sessions Case No. 78 (S-C) of 2003 convicting the appellant under section 304, Part-1I, I.P.C. and thereby sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1000.00 in default, further rigorous imprisonment for another 3 months.

(3.) The prosecution case in brief is that an ejahar was lodged on 29.8.2002 by P.W. 1 Shri Paresh Rajwer, the informant and the elder brother of the appellant, with the Officer-in-Charge Moranhat police station alleging that on the earlier night, his brother Gobind Rajwer, the appellant killed his wife Sabitri Rajwer and left the house breaking the same.