C.R. Sarma, J.

1. The judgment and order, dated 6.10.2005, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 135/2003, is in challenge in this appeal. By the impugned judgment and order, the learned Sessions Judge, held Alvish Dungdung, (hereinafter called as 'appellant') guilty of killing his wife and accordingly, convicted him under Section 302, IPC and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 2000/-, in default, suffer simple imprisonment for anther period of one month. Aggrieved, by the impugned judgment and order, the convicted person, as appellant, has come up with this appeal. We have heard Mrs. M. Bujarbaruah, learned Amicus Curiae, appearing for the appellant and Mr. K.A. Mazumdar, learned Addl. Public Prosecutor, appearing for the State respondent.

2. The learned Amicus Curiae, appearing for the appellant, has submitted that the learned Sessions Judge committed error by convicting and sentencing the appellant, without substantive evidence on record. It is submitted that, there is no direct evidence against the appellant and that, the appellant has been convicted only on suspicion.

3. Refuting the said argument, ad