NITYANANDA DOWARAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M. K. Sarma, learned Amicus Curiae, who has been appointed in place of Mr. R. Goswami earlier appointed Amicus Curiae as he is found to be absent when the matter is taken up for hearing. Also heard Mr. K. A. Mazumdar, learned Addl PP, Assam.

(2.) THIS jail appeal has been directed against the judgment and order dated 4. 12. 03 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 60/03 whereby the appellant was convicted under Section 302 IPC for killing his wife, Smt. Banful Dowarah (hereinafter referred to as 'the deceased') and sentenced to undergo rigorous imprisonment for life.

(3.) DURING trial, prosecution examined as many as 8 witnesses including two official witnesses namely PW-5, Dr. S. T. Hussain and PW-8, Sri Deben Borah, Investigating Officer (I. O. for short ). The appellant was also examined under Section 313 Crpc.