BALU DHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. K. Barua, learned Amicus Curiae appearing for the appellant. Also heard Mr. M. Phukan, learned Additional Public Prosecutor, Assam, appearing for the State. None has appeared for the informant/ respondent No.2.

(2.) This appeal from Jail is directed against the judgment and order dated 24.04.2019 passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No.22/2016 convicting the appellant under section 302 of the Indian Penal Code (IPC) for committing murder of his wife Lakhi Dhan and sentenced him to undergo imprisonment for life and also to pay fine of Rs.500/- with default clause.

(3.) The prosecution case, in brief, is that the accused/appellant Balu Dhan had murdered his wife Lakhi Dhan and buried the dead body in the premises of his house under the old latrine. Since 12.11.2015 Lakhi Dhan was missing. After a frenetic search and on the basis of extra-judicial confession made by the appellant the dead body of the victim was eventually dug out by the police from place where it was buried.