I.A. Ansari, J.

1. By judgment and order, dated 30-11-2002, passed in Sessions Case No. 129(N)/2002, by the Additional (Ad hoc) Sessions Judge, Sankardev Nagar, Hojai, the appellant herein, namely, Sri Narayan Debnath, stands convicted under Sections 302 and 201, I.P.C. and sentenced to suffer for his conviction under Section 302, I.P.C., imprisonment for life and pay a fine of Rs. 3,000/- and in default of payment of fine, suffer rigorous imprisonment for a period of six months and to undergo, for his conviction under Section 201, I.P.C. rigorous imprisonment for a term of three years and pay fine of Rs. 500/- and in default of payment of fine, suffer rigorous imprisonment for a period of 15 days, both the sentences having been directed to run concurrently.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(i) As a result of strained relation with his wife, Lalita, the accused beat his wife and drove her away with their two children, both the children being very young and, in fact one of them being almost a suckling baby. Having driven away his wife, Lalita the accused married another woman and started living with her.

(ii) On being dr