DHANU MAHILI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE accused-appellant, who is in jail, has preferred this appeal against the judgment and order dated 28. 05. 2003, passed by the Addl. Sessions Judge Adhoc (FTC), Jorhat in Sessions Case No. 5 (JJ)/01, convicting him under Section 302/34 of the Indian Penal Code (hereinafter for short referred to as the 'code') and sentencing to undergo life imprisonment and also to pay a fine of Rs. 10,000/-; in default to suffer further rigorous imprisonment for 3 years.

(2.) WE have heard Mr. B. K. Singh, learned Amicus Curiae for the accused-appellant and Mr. Z. Kamar, learned Public Prosecutor, Assam.

(3.) ON an FIR lodged by Smti. Aroti Mahili on 14. 10. 1999 with the Officer-in-Charge, Lahdoigarh Police Out Post alleging that the accused-appellant along with one Shri Budhuram Mahili had cut her husband, Hari Mahali (since deceased) to death with a dao at No. 5, line of Rajoi, Teok PS Case No. 109/99 U/s 302/34 of the Code was registered. On the completion of the investigation, a charge sheet was laid against both the accused persons named in the FIR under the above provisions of the Code. The case was committed for trial before the learned Sessions Judge, Jorhat, whereafter, he transmitted the same to the file of the learned Addl. Sessions Judge of the said Sessions Division for trial. Charge was framed against the accused-appellant and Shri Budhuram Mahili under Section 302/34 of the Code, to which they pleaded "not guilty". In course of trial, however, Budhuram Mahili absconded, which, thereafter, proceeded only against the accused-appellant. Ten witnesses were examined by the prosecution. The accused-appellant was examined under Section 313 of the Criminal Procedure Code. He declined to adduce evidence. One court witness was, however, examined. By the judgment and order impugned herein, the accused-appellant was convicted, eventually, and sentenced as hereinabove.