ABDUL HASIB NAGAON Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R.D. Mozumdar, learned Amicus Curiae for the appellant and Ms. Bhuyan, learned Addl. Public Prosecutor, Assam for the State respondent.

(2.) This appeal is directed against the judgment and order passed by the learned Addl. Sessions Judge, Sankardev Nagar, Hojai in Sessions Case No. 1/2016, whereby, the learned Addl.Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to imprisonment for life and fine of Rs. 5,000/- with default stipulation.

(3.) As per prosecution case, on 04.09.2015, at about 3.30 am, the accused appellant killed his wife by hacking her with a 'dao' (knife used for domestic works). Having received the information of the occurrence, the PW-6, Ajijur Rahman, brother of the victim lodged the FIR, on the basis of which, police registered a case and commenced investigation. In course of investigation, police recorded the statement of the witnesses, sent the weapon of offence for forensic examination, prepared the inquest report, conducted the post mortem examination and on completion of investigation, laid charge-sheet against the appellant u/s 302 IPC. The offence being exclusively triable by the court of Sessions, the learned Magistrate committed the case to the court of Sessions and eventually the appellant stood trial before the Court of Sessions.