H.N. Sarma, J.

1. The impugned conviction and sentence imposed upon the accused appellant by the learned Sessions Judge, Darrang at Mangaldoi in Sessions Case No. 143 (DM)/04 convicting the appellant Under Section 302 and sentencing him to under go Rigorous Imprisonment for life and to pay fine of Rs. 5,000/- in default to undergo further Rigorous Imprisonment for six months, is the subject matter of challenge in this appeal.

2. We have heard Ms. B. Devi, learned Amicus Curiae appointed for the accused/appellant and Mr. P.C. Gayan, learned PP, Assam.

3. The criminal proceeding was set into motion against the appellant on lodging an FIR (Ex.-3) by one Amizuddin Mandal on 20.3.03 alleging that around 3.30 P.M. the accused Md. Nur Islam @ Keru resident of Gelaidingi confined his wife Miss Isiran Nessa in his house by closing the doors and killed her by hacking with dao and fled away.

4. On the basis of said information lodged with the O.C. Mangaldoi Police Station, a case was registered as Mangaldoi Police Station Case No. 91/03 Under Section 302 IPC against the accused appellant. The I.O. investigated the case and during the course of investigation, I.O. visited the place of occu