Aftab H. Saikia, J.

1. Heard Mrs. S.D. Baruah, learned amicus curiae representing the Appellant from jail as well as Mr. K.C. Mahanta, learned P.P. Assam.

2. This criminal jail appeal has been directed against the judgment and order dated 6.1.2003 passed by the learned 1st. Additional Sessions Judge (Ad hoc), Sivasagar in Sessions Case No. 127 (SC)/2001 whereby Appellant was convicted under Section 302 , IPC for killing his wife Jeuti Baruah (hereinafter referred to as 'the deceased') by inflicting multiple dao blows by means of a "Naga dao", was sentenced to suffer imprisonment for life (for short 'R.I.') and to pay a fine of Rs. 3,000/-, in default, R.I. for another six months.

3. It was alleged in the FIR lodged on 9.9.1998 by one Shri Ganesh Baruah, PW-1 with Borhat Police Station that his brother Shri Nabin Baruah, the Appellant, herein killed his wife (since deceased) on the road in front of their house by hacking her with a Naga dao and fled away from the house.

4. The trial Court having appreciated the evidence of as many as 9 witnesses including PW-4, Dr. Rajib Kumar Baruah who held the post-mortem examination on the dead body of the deceased and PW-2, Jibo Baruah who