(1.) Heard Mrs. A. Devi, learned counsel appointed amicus curiae appearing for the appellant as well as Mr. D. Das, learned Public Prosecutor, Assam.
(2.) The appellant from jail has moved this court by filing the present Criminal Appeal No. 61(J)/03 challenging his conviction under section 302, Penal Code and sentence to suffer Rigorous Imprisonment for life and a fine of Rs. 2000 in default to further Rigorous Imprisonment for one year so imposed upon him by the learned Sessions Judge, Dhubri by his judgment and order dated 30.6.2003 passed in Sessions Case No. 63/2001.
(3.) The fact in a short compass as projected by the prosecution is that, an ejahar was lodged by one Md. Feku Sk (since dead) with the Officer-in-charge, Golokganj Police Station on 21.4.1999 alleging therein that his younger daughter Late Turi Bibi alias Moina Bibi came to his house a long time back and since then she was living at his house with his son-in-law, Tazel Skand while staying at his house, she gave birth to a baby who was two months old at that time. Around 3.00 am on 21.4.1999 while his daughter was sleeping in the same house, his son-in-law Tazel Sk killed her by striking her with a sharp weapon in the neck and then fled the scene.