(1.) Heard Ms. N. Bharali, learned Amicus Curiae for the appellant and also heard Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State of Assam.
(2.) This is a criminal appeal directed against the judgment & order dated 28.04.2017, passed by the learned Sessions Judge, Morigaon in Sessions Case No. 83/2016, wherein and whereby, the accused/appellant was held guilty of having murdered one Smti. Chitra Bharali, his own wife, therefore, held guilty of having committed the offence punishable under section 302 of IPC and sentenced to rigorous imprisonment for life with a fine of Rs. 30,000/- and in default, to suffer 1 more year of simple imprisonment.
(3.) On 26.01.2016 one Sri. Sadhan Mondal, the uncle of the deceased lodged a complaint/ejahar before the Officer-in-charge of Mayong Police Station stating that at about 11:30 A.M. of the same day the accused/appellant had killed his own wife, Chitra Bharali who happen to be his niece, by cutting her neck with a dao. On receipt of the ejahar, the Officerin-charge of Mayong Police Station registered Mayong P.S Case No. 13/2016, under section 302 of IPC and directed Sri. Rebat Chnadra Baruah, S.I of the same Police Station to investigate the case. Accordingly, the said S.I investigated the case but could not complete the same. Therefore, one Md Akbar Ali who was the Second Officer of Morigaon Police Station continued with the investigation and after it was completed submitted the charge sheet. On receipt of the charge sheet, the learned Sessions Judge, Morigaon heard the parties and framed the charge under section 302 of IPC against the accused/appellant. Thereafter, the prosecution produced and examined 8 witnesses including the two Investigation Officers and the Medical Officer who conducted the post-mortem over the dead body of the deceased late Chitra Bharali. The accused/appellant, thereafter, was examined under section 313 of Cr.PC but he did not produce and examine any witness in defence. After all these were completed, the learned Sessions Judge heard the prosecution and the accused/appellant through his learned counsel. The learned Sessions Judge, after considering the evidence available on record and the submissions of the learned P.P. and the defence counsel came to the finding that the accused/appellant had committed the offence punishable under section 302 of IPC and, accordingly, convicted him and sentenced him to rigorous imprisonment for life with a fine of Rs.30,000/- and in default, to suffer simple imprisonment for 1 year. Being aggrieved, the accused/appellant has come before this Court through this jail appeal.