LAWS(GAU)-2008-9-1

BAISHAKHU KONWAR Vs. STATE OF ASSAM

Decided On September 08, 2008
Baishakhu Konwar Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Mr. S. Dutta, learned Amicus curiae appearing on behalf of the appellant and Mr. K. A. Mazumdar, learned Public Prosecutor, Assam.

(2.) THE prosecution case in brief is that on 8. 4. 01 at about 2:00 AM, the appellant killed his wife by cutting her neck with a 'dao' and to this effect an FIR was lodged by PW. 2 (Bhagaban Din Konwar) with the Patharkandi Police Station.

(3.) THE conviction and sentence of the appellant above noted have been assailed in this criminal appeal by the appellant from jail. The impugned conviction of the appellant was basically handed down by the learned Sessions Judge on the basis of two eye-witnesses, namely, PW. 3 (Ganesh Konwar) and PW. 4 (Muni Konwar), both being the son and daughter of the appellant as well as the deceased and also taking note of the statements made by the appellant in his examination under Section 313 Cr. P. C.