Prasanta Kumar Saikia, J.

1. This appeal is directed against the judgment dated 21.01.2010 passed by the learned Additional Sessions Judge, (FTC) No. 3, Kamrup, Guwahati in Sessions Case No. 297(K)/2004 convicting the appellant herein, namely, Sri Padmadhar Kakati, of offence under Section 302 IPC and sentencing him to imprisonment for life and also to pay a fine of Rs. 50,000/- (Rupees Fifty Thousand), in default, Rigorous Imprisonment for another 1 (one) year for the offence aforesaid. Being aggrieved by and dissatisfied with the aforesaid judgment, the appellant, Padmadhar Kakati, (hereinafter referred to as the 'accused person'), has preferred this appeal citing several infirmities in the judgment under challenge.

2. We have heard Dr. B. Ahmed, learned counsel for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

3. The case, projected by prosecution in the F.I.R. dated 22.05.2003 and in subsequent trial, in brief, is that one Binita Kakati, daughter of the informant, Sri Manu Chandra Bezbaruh, was married to the accused Padmadhar Kakati, in the year 1998 and out of their wedlock one male child was born to them. It has been alleged that the marital life of the couple aforesaid ran into rough weather since the accused started maintaining extra marital relationship with a muslim girl for which the accused reportedly subjected his wife (since deceased) to torture both mentally and physically.

4. It has been alleged that on the night of 18.05.2003 at about 12.30 a.m. accused Padmadhar Kakati, his mother, Smti. Sashiprabha Kakati and his elder sister Smti. Arati Baksi, set Binita Kakati on fire after pouring kerosene oil on her. Thereafter, the victim was taken to Guwahati Medical College and Hospital, Guwahati, same night and also admitted there for her sustaining serious burn injuries. An F.I.R. to that effect was lodged by one Sri Manu Ch. Bezbaruh on 19.05.2003 with I/C Gauhati Medical College Police Outpost. But the same was reportedly withdrawn on the request of accused persons.

5. Thereafter, on 12.05.2003, Sri Manu Chandra Bezbaruah (father of the deceased/victim), filed a complaint before the Chief Judicial Magistrate, Kamrup, Guwahati. The Chief Judicial Magistrate, Kamrup, Guwahati forwarded such complaint to the Officer-in-Charge of All Women Police Station, Panbazar for registering of the case and for doing further needful in accordance with law.

6. On the basis of the said F.I.R., O/C, All Women Police Station registered a case vide All Women Police Station Case No. 16/2003 under Sections 498(A)/307/34 IPC and the matter was endorsed to one Smti. Rina Kakati for investigation. However, while undergoing treatment, Binita Kakati succumbed to the burn injuries for which 304B IPC was also added to the case.

7. During the course of investigation, the Investigating Officer examined the witnesses, seized some articles, arrested accused persons, did other needful and on conclusion of investigation, she submitted charge-sheet under Section 498A/306/34 IPC against accused Sri Padmadhar Kakati and Smt. Arati Bakshi and forwarded them to the Court to stand their trial for the offences aforesaid.

8. The learned Magistrate, before whom charge-sheet was so laid, committed the case to the Court of Session since the offence under Section 306 IPC is exclusively triable by the Court of Session. On receipt of the case on commitment, learned Sessions Judge, Kamrup, Guwahati, transferred the same to the file of learned Additional Sessions Judge, (FTC) No. 3, Kamrup, Guwahati, for disposal in accordance with law.

9. Learned Additional Sessions Judge, on the receipt of the case on transfer and on hearing the learned counsel for the parties was pleased to frame charge under Sections498A/302 IPC against accused persons and charges, so framed, on being read over and explained to accused persons, they pleaded