HASTA BAHADUR RAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral) - Heard Mr. A. Ozah, learned Amicus Curiae appearing for the appellant from jail as well as Mr. B. Benerjee, learned P.P., Arunachal Pradesh.

(2.) The appellant from jail has challenged his conviction under Sec. 302, Penal Code and sentence to undergo imprisonment for life so imposed by the learned Deputy Commissioner Cum-Ex-Offico Session Judge, Lower Subansari District, Ziro (for short, 'the D.C.') by his judgment dated 4.5.2005 passed in Sessions Case No. 34/2004.

(3.) The prosecution case in brief is that on 9.8.2004 Shri Taba Chadha, PW-2 (Gaon Burah of Yazali Market) lodged an FIR with the Yazali police station alleging that around 0645 hrs. on that day one Shri Has-tha Bahadur Rai alias Kohila, the appellant, killed his own wife Smt. Bimla Rai (hereinafter referred to as 'the deceased') by stabbing with a knife. Accordingly, the police registered a case under Sec. 302, Penal Code and investigation ensued. On completion of the investigation, the police submitted charge-sheet against the accused-appellant under Sec. 302, IPC.