BURLANG NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Ms. K. Dutta, learned counsel who has been appointed by this Court as Amicus Curiae today itself due to absence of Mr. M. R. Pathak, learned counsel who was earlier appointed as Amicus Curiae. Also heard Mr. B. B. Gogoi, learned Public Prosecutor, Assam.

(2.) THE conviction of the appellant u/s 302 IPC and his subsequent sentence to rigorous imprisonment for life and also with fine of Rs. 2,000/-, in default of payment of fine, further rigorous imprisonment for one month, awarded by learned Sessions Judge, Bongaigaon vide judgment and order dated 25. 07. 01 in Sessions Case No. 17 (B)/2001, has been assailed in this appeal being preferred by the appellant from jail.

(3.) THE facts in brief as unfolded by the prosecution are that the appellant, Sri Burlang Narzary married Smti. Bilani Narzary about 7/8 years ago of the incident. They were blessed with two children of their wedlock and living together under the same roof. On the eventful day on 25. 07. 00 at about 11-00 A. M. while Smti. Bilani Narzary, the wife, was asleep inside the house, the appellant without any rhyme and reason dealt fatal blows on her head by means of an axe causing severe injuries as a result of which she died on the spot.