SIBU NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE prosecution story is based on an FIR dated 14-1-1999, lodged by one Samaru Baraik informing the officer-in-charge, Mariani P. S. that his coworker, accused Sibu Nayak of Punjabari tea Estate killed his wife, Smti. Malati Nayak at about 3 a. m. of 14-1-1999 in his own house by dashing her head against the pucca wall. A case was registered under section 302, IPC and investigated into leading to filing of charge sheet against the accused. On committal the learned Sessions judge, Jorhat took up the matter for trial. A charge under Section 302, IPC was framed against the accused and on being explained, he pleaded not guilty and claimed to stand trial.

(2.) THE prosecution examined, in all, 8 witnesses including the informant as well as the Investigating Officer to prove its case but the accused adduced no evidence in his defence.

(3.) THERE was no eye-witness to the occurrence and as such the prosecution had to depend on the circumstantial evidence to prove its case.