B.D. Agarwal, J.

1. The appellant herein is the husband of the deceased. He has been convicted under Sections 302 and 201of the Indian Penal Code, vide impugned judgment dated 6.1.2005, passed by the then learned Sessions Judge, Dhemaji in Sessions Case No. 72 (DH) of 2004. On such conviction, the appellant has been sentenced to undergo imprisonment for life with fine of Rs. 1,000/- (Rupees one thousand) for the offence of murder, and in default, a sentence of further R.I. for 6 (six) months and another sentence of R.I. for 2 (two) years with fine of Rs. 1,000/- (Rupees one thousand) and in default, sentence for 3 (three)' months R.I. Both the sentences having been directed to run concurrently. Being aggrieved with the conviction and sentences, the convict has preferred this appeal. We have heard the argument of Shri D.K. Chomal, learned amicus curiae for the appellant and Shri D. Das, learned Addl. Public Prosecutor, Assam for the State respondent. We have also gone through the impugned judgment and the evidence proffered by the prosecution.

2. It may be mentioned herein that although a plea was taken by the accused during cross-examination of the prosecution, witnesses that