JUDGMENT

Hitesh Kumar Sarma, J. - The criminal appeal (Jail) has been filed under Section 374(2) of the Cr.PC, against the judgment and order, dated 27-09-2018 and 01-10-2018 respectively, passed by the learned Sessions Judge, Karbi Anglong, Diphu, in Sessions Case No. 15 of 2016, convicting the accused-appellant, Sri Naliram Kro and sentencing him to death by hanging and to pay a fine of Rs. 6,000/-. The death reference is made by the learned Sessions Court for confirmation of the sentence by this Court.

2. As the Criminal Appeal and the Death Reference have arisen out of the same judgment, we have heard them together and disposed of by this common judgment and order.

3. We have the heard learned Amicus-curiae, Ms. B Sarma for the appellant. Also heard Mr. M. Phukan, learned Additional Public Prosecutor for the state respondent and learned counsel, Mr. P.C. Dey, appearing for the respondent No.2/informant. We have also perused the trial Court records and the judgment appealed against.

4. The prosecution case, in a narrow compass, is that at about 11.15 pm, on 19.06.2015, the elder brother of the informant (PW8) had quarrelled with his wife, Smti. Moina Hansepi and killed her by hac