SANJIB MAHANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred from jail against the judgment dtd. 27/11/2019 passed by the Addl. Sessions Judge, (FTC), Biswanath, Chariali, Sonitpur in Sessions Case No. 16/2019 (GR Case No. 873/2018) convicting and sentencing the appellant under Sec. 302 of the I.P.C with R.I. for life and fine of Rs.2,000.00 (Rupees Two Thousand). The accusation against the appellant is of causing death to his wife.

(2.) The criminal law was set into motion by lodging of an Ejahar on 22/10/2018 by the PW1, who is the consanguine brother of the appellant. It has been alleged in the Ejahar that on the previous evening at about 7 PM, the appellant had assaulted his wife with an axe causing her death. It is alleged that the appellant was having suspicion on his wife of having extra marital affair. Based on the aforesaid Ejahar, the formal F.I.R. was registered and investigation was made leading to laying of the charge sheet. The charges were accordingly framed and on denial of the same, the trial had begun in which the prosecution had adduced evidence through 14 numbers of witnesses.

(3.) PW1 is the informant, who in his deposition had stated that the appellant had assaulted the deceased and fled away in the night. On the following day, the appellant was caught and brought back. He had also deposed of witnessing blood stuck on the reverse side of the axe. In the cross-examination, it is stated that the place where the appellant was found on the next day is Khudi-basti which is about 3-4 kms. He had also stated that the houses of the informant and the appellant were adjacent and that, on being apprehended, the appellant was assaulted. He has however clarified that he was not an eyewitness.