GANESH BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal from jail impugns the legality and/or validity of the judgment and order dated 7-2-2003 passed by the learned Sessions Judge, kokrajhar in Sessions Case No. 67/2002, convicting the appellant-accused under Section 302 of the Indian Penal Code (for short hereinafter referred to as the IPC) and sentencing him to suffer rigorous imprisonment for life and pay a fine of Rs. 3,000/-, in default to undergo further rigorous imprisonment for three months.

(2.) WE have heard Mr. N. J. Dutta, learned amicus Curiae for the accused-appellant and Mr. Z. Kamar, learned Public Prosecutor, Assam.

(3.) THE version of the prosecution is that on an FIR being lodged by one Sri Manindra basumatary of Village - Jalpaiguri on 17-4-2002 before the Officer-in-charge, basugaon Police Station, informing that on 14-4-2002 at about 3. 30 p. m. the accused-appellant in a drunken condition and in a fit of rage assaulted his wife Smt. Darnayanti basumatary with lathi and blows, resulting in grievous injuries to which she succumbed at the Kokrajhar Civil Hospital, Kokrajhar, basugaon P. S. Case No. 36/2002 under section 302, IPC was registered. On the completion of the investigation a charge-sheet was laid against the accused/appellant, whereafter, charge was framed against him under that provision of the Code by the learned Sessions Judge, Kokrajhar, to which he pleaded "not guilty" and claimed to be tried. In course of the trial, the prosecution examined six witnesses including the Doctor, who had performed the autopsy as well as the Investigating Officer. The prosecution case is wholly structured on the extra judicial confession said to have been made by the accused-appellant admitting his guilt. The accused-appellant was, thereafter, examined under Section 313, Cr. P. C. following which, by the impugned judgment and order, the conviction and sentence as above, was pronounced. The accused-appellant did not adduce any evidence in defence. He was, however, heard on the question of sentence.