Prasanta Kumar Saikia, J.

1. This appeal is directed against the Judgment dated 06.06.2011, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 77(NL)/2010 convicting the accused/appellant herein, namely, Sri Bull Dutta of offence U/s. 326/302 IPC and sentencing him to suffer imprisonment for a period of 5 (five) years and to pay fine of Rs. 3,000/- (Rupees three thousand) only, in default, to undergo imprisonment for further 2(two) months for the offence aforesaid. Being aggrieved by the aforesaid judgment, the accused/appellant, (hereinafter referred to as the accused person), preferred this jail appeal citing several infirmities in the judgment under challenge.

2. We have heard Mr. S.K. Agarwal, learned Amicus Curiae appearing for the appellant as well as Ms. S. Jahan, learned Addl. Public Prosecutor, Assam appearing for the State Respondent.

3. The brief facts necessary for disposal of the present appeal are that on the intervening night between 24.03.2010 and 25.03.2010 at about 1:30 A.M., the accused person allegedly killed his wife, Binu Dutta (deceased) subjecting her to axe blows inflicting 1 serious injuries on her person. It has a