Iqbal Ahmed Ansari, J.

1. This appeal is directed against the judgment and order, dated 02.06.2010, passed, in Sessions Case No. 54 of 2008, by the learned Additional Sessions Judge (FTC), Biswanath Chariali, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs. 1,000/- and, in default of payment of fine, further rigorous imprisonment for sixty days. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(i) Accused Kamal Hazarika is brother of Ganesh Hazarika (PW 1), whose wife, Charu Hazarika, was killed, on 1.3.2007, at about 6.45 p.m. at the backyard of her house. At the time of occurrence, deceased Charu Hazarika's husband, Ganesh Hazarika (PW 1), was undergoing training, as a teacher, at Baihata Chariali. On being informed by one of his co-villagers, Sabitri (PW 8), that his (PW 1's) wife, Charu Hazarika, was unwell, PW 1 came to his house and found his wife's dead body lying at the backyard of his house with several incised wounds on her face. On the following day, i.e., on 02.03.2007, PW 1 lodged a written Ejahar (Ext. 1) and, treating the same as First Information Report (in short, 'FIR'), Gohpur Police Station Case No. 23 of 2007 was registered, under Section 302 IPC, against 'unknown culprits'. During the course of investigation, the Investigating Officer (PW 12) held inquest over the said dead body and prepared inquest report. A sketch map (Ext. 8) was also drawn and a dao, wearing apparels of the deceased and the accused were seized. Chemical analysis of the seized dao revealed presence of human blood. The stains, present on the wearing apparels of the said deceased and the accused, were also found to have human blood, Ext. 10 being the report the Forensic Science Laboratory, Guwahati (in short, 'TSL'). On completion of investigation, police laid charge sheet, under Section 302 IPC, against the accused-appellant.

(ii) During the course of investigation, when accused-appellant was interrogated by the police, he confessed, in presence of some of his co-villagers, that he had killed his sister-in-law, Charu Hazarika. The accused-appellant was, however, arrested on 13.03.2007 and he was taken by the Investigating Officer, on police remand, for a period of 3 (three) days. During interrogation, as the accused-appellant expressed his willingness to make confession, he was forwarded to the Sub-Divisional Judicial Magistrate, Biswanath Chariali (PW 14), who recorded judicial confession of the accused-appellant on 15.03.2007.

2. At the trial, when a charge, under Sections 302 IPC, was framed, the accused pleaded not guilty thereto.

3. In support of their case, prosecution examined altogether 14 (fourteen) witnesses. The accused-appellant was, then, examined under Section 313 Cr.P.C. and, in his examination aforementioned, the accused-appellant denied that he had committed the offence, alleged to have been committed by him, his case being that of denial and of his being forced by the Investigating Officer, by resorting to beating and torturing, to make judicial confession. The defence also adduced evidence by examining two witnesses. Even the learned trial Court examined two witnesses by taking recourse to Section 311 Cr.P.C.

4. Having, however, found the accused quality of the offence, which he stood charged with, the learned trial Court convicted him accordingly and passed sentence against him as mentioned above. Aggrieved by his conviction and the sentence passed against him, the accused, as a convicted person, has preferred this appeal.

5. We have heard Mr. K. Sarma, learned counsel for the accused-appellant, and Mr. D. Das, learned Additional Public Prosecutor, Assam.

6. While considering the present appeal, it needs to be noted that the dead body of Charu Hazarika was, admittedly, subjected to post mortem examination, on 02.03.2007, by Dr. J.C. Dey (PW 11). His findings and opinion, which have not been disputed