JAGADISH NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. Amit Goyal, learned Amicus Curiae who has been appointed in place of Ms. N. Hawalia, the earlier appointed Amicus Curiae as she is found to be absent when this jail appeal has been taken up for hearing which has been pending since 2002. Also heard Mr. B. S. Sinha, learned Public Prosecutor, Assam, on behalf of the respondent.

(2.) THE conviction of the appellant under Section 302 IPC for killing his wife, Smt. Basanti Nayak (hereinafter referred to as 'the deceased') and subsequent sentence to undergo life imprisonment and to pay a fine of Rs. 500/-, in default, further rigorous imprisonment for another 3 months, so handed down by the learned Additional Sessions Judge (Adhoc), Jorhat, in Session Case No. 79 (J-J)/2000 vide his Judgment and Order dated 24. 4. 2002, has been assailed in this appeal by the appellant from jail.

(3.) THE facts of the case in short as unfolded by the prosecution are that an FIR lodged by one Sri Munshi Nayak, PW 1 on 29. 8. 99 with the Officer-in-Charge, Madhapur Outpost within the jurisdiction of Titabor Police Station stating that at about 9:00 PM of the last night they heard their neighbour Smt. Basanti Nayak and her husband picked up a quarrel which provoked the later to assault his wife. In the morning, when they had not get any response by calling the deceased, they entered her house and found her inside being dead. When they informed the matter to the Garden Manager, the accused/appellant confessed before the Manager and other public that he killed his wife.