P.K. Musahary, J.

1. The short fact of the case is that the housewife Musstt. Rumija Begum was attacked in her house on 7-10-1999 at around 8 p.m. while her husband was offering prayer in the nearby mosque, by a young man accused-Halim Ali with a dagger inflicting injuries on several parts of her body including neck and hand. She was found lying in a pool of blood and was immediately rushed to Mangaldoi Civil Hospital. As her condition was serious, she was sent to Guwahati Medical College Hospital, who succumbed to her injuries on 9-10-1999 at 1.10 a.m. On the basis of a written Ejahar dated 8-10-1999 lodged by Md. Karim Ali. husband of the deceased, a crime being Sipajhar P.S. Case No. 138/1999 was registered under Section 448/326, I.P.C. Subsequently, offence under Section 302, I.P.C. was added thereto after the death of the injured Rumija Begum. On completion of Investigation charge-sheet was laid against the accused. On committal the trial proceeded in the Court of ad hoc Additional Sessions Judge, Darrang, Mangaldoi. Charges under Section 448/302, I.P.C. were framed against the accused-Halim Ali who pleaded not guilty and claimed to be tried.

2. The prosecution examined