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 also been alleged that on the same night, the accused assaulted his mother Smti Sonpahi Dutta inflicting grievous injuries on her person as well. Killing his wife and injuring his mother on the night of 24.03.2010, the accused person fled the scene.

4. An FIR to that effect on being lodged by the informant, Sri Sri Dadul Bora (P.W. 2), with the Officer In-charge, Bangalmara Police Out Post on 25.03.2010, I/C Bangalmara Police Out Post made a GD entry thereon, vide GD entry No. 398 and forwarded the FIR to O/C, Bihpuria P.S. for registering a case and for doing the needful in accordance with law. On the receipt of such an FIR, O/C Bihpuria P.S. registered a case vide Bihpuria P.S. Case No. 102/2010 under Section 302/326 IPC and ordered one Shri Biswajyoti Sarma, SI of Police, to investigate the case.

5. Shri Sarma having been so entrusted with the investigation of the case, visited the place of occurrence, conducted inquest on the dead body, sent the dead body to hospital for post-mortem examination, also took step for providing treatment to the mother of the accused person, arrested the accused person, collected the post-mortem report in due course, did other needful and on completion of the investigation, he submitted charge sheet under section 302/326 IPC against the accused person and forwarded him to the court to face trial for the offence aforementioned.

6. When the charge sheet was so laid before the concerned Magistrate, he committed the case to the Court of Sessions since offence under section 302 IPC is exclusively triable by the court of Sessions. Learned Sessions Judge, North Lakhimpur on receipt of the case on commitment and upon perusal of records as well as on hearing the parties, framed charge under section 302/326 IPC against the accused person.

7. The charges, so framed, on being read over and explained to the accused, he pleaded guilty of the charges, so framed against him and claimed to be tried. During trial, the prosecution has examined as many as nine (9) witnesses including the Investigating Officer (IO) and the Medical Officers (MOs), including the Medical Officer who conducted autopsy over the dead body. Statement of the accused person was recorded under section 313 Cr.P.C.

8. The accused while being examined under section 313 Cr.P.C. admitted to have killed his wife (since dead) and also admitted to have assaulted his mother on the fateful night. On conclusion of trial and on hearing the learned counsel for the parties, the learned Sessions Judge, Lakhimpur, North Lakhimpur convicted the accused of offence under section 306/302 IPC and sentenced him for punishment as aforesaid. It is that judgment which has been assailed in this present appeal.

9. Mr. S.K. Agarwal, learned Amicus Curiae appearing for the accused person submits that