ANJAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE conviction of the appellant under Section 302 IPC and subsequent sentence to rigorous imprisonment for life with a fine of Rs. 2000. 00 in default for another 3 months rigorous imprisonment handed down by the learned Sessions Judge, Hailakandi on 24. 07. 2001 in Sessions Case No. 82 of 2000 is the subject matter of challenge in this criminal appeal so preferred by the appellant from jail.

(2.) THE prosecution case in brief as unfolded by the F. I. R. lodged by P. W. 1 Digendra Ch. Das with the Officer-in-Charge, Lala Police Station on 31. 07. 2000, is that at about 11 a. m. on last Sunday i. e. 30. 07. 2000 when the informant was ploughing his land his wife late Prabhasini Das, deceased, was the only person at home. Suddenly the appellant came to his house and hacked his wife in her neck, hands and abdomen with sharp weapon. Immediately a commotion was raised in the area and the neighbouring people started gathering there. Having been informed, the P. W. 1 Digendra Ch. Das came home and found bleeding from the injuries inflicted upon the person of his wife could not stop. Though injured wife was taken to hospital, she died on her way to hospital. It was also reported in the FIR that the appellant and the P. W.-1 were related to each other being maternal uncle and nephew respectively. The appellant sometime back had a bout of madness. He was also cured of that madness after being administered herbal medicines. It was also alleged that due to that madness appellant killed the deceased. It was also reported that the appellant and deceased were living in joint family and there was no enmity between themselves.

(3.) THE police started investigation after registering a case being Lala Police Station Case No. 144 of 2000 on the basis of the above F. I. R. so lodged by the P. W. 1. Several witnesses were examined by the police and one big hand dao was also seized from the possession of the appellant from his dwelling house as per ext. 4 (seizure list ).