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 driven out of her matrimonial house by her husband, Lalita took shelter at the house of her sister, at Baithalangsu, and started living there along with her two female children. On 2-10-1999, i.e., the day preceding the day of election, which took place on 3-10-1999, Lalita along with her children, came to the house of her brother-in-law, PW 1 (Rabindra Debnath), whose house is at a distance of about one k.m. from the house of the accused. Lalita stayed, at the house of PW 1 with, her children for the night on 2-10-1999, so that she could cast her vote on the following day.

(iii) On the day of election, i.e. 3-10-1999, leaving her elder child with PW 1 at his house Lalita went out with tier younger child, to cast vote. About a week before the election, the second wife of the accused had gone to her mother's house and was not present on the day of the election at the house of the accused. Having cast her vote, when Lalita, accompanied by PW 2 (a neighbour of the accused) was returning, she was carrying her younger baby in her arms. Leaving the baby in the arms of PW2 on the road, Lalita went to purchase biscuits from a nearby shop for the child, whom she had left at the house of her brother-in-law (PW 1). After purchasing biscuits, when Lalita was, proceeding further with PW 2, the accused arrived there and forcibly took Lalita to (his house, though Lalita kept resisting, kept about half-an-hour, PW 2 happened 40 meet Lalita at the tube-well, located near their house, where Lalita had come to fetch water. Near the said tube-well, Lalita told PW 2 that she was apprehending risk to her life. PW 2, however, consoled Lalita by saying that the accused would not do anything wrong to her, whereupon Lalita went back to the house of the accused carrying water. Even to PW 4 (Saraswati), another neighbour of the accused, Lalita told, at the said tube-well, that she was apprehending risk to her life, but PW 4 too consoled Lalita and advised her to stay with her husband and, upon being so advised by PW 2 and PW 4, Lalita went back to her husband's house carrying water.

(iv) On the day of election, i.e. on 3-10-1999, Maheswari (PW 3), a neighbour of the accused, went to the police, where she had left her goat for grazing. The place was at a distance of about 40 feet from the house of the accused. When PW 3 reached the said place, she heard someone screaming. "Mago" (i.e., Mother), from the direction of the house of the accused and on looking towards the said direction, PW 3 noticed Lalita lying on the ground arid a short while thereafter, the accused dragging Lalita to his house. At around tire time, when PW 3 (Maheswari) had gone to the place, where her goat had been left for grazing, PW 4 too had gone there to collect her cattle. She (PW 4) too heard someone screamin