JUDGMENT

N. Kotiswar Singh, J. - Heard Mr. Z. Hussain, learned counsel for the appellant, Amicus Curiae appointed by the Court as well as Mr. M. Phukan, learned Additional Public Prosecutor for the State of Assam.

2. The present appeal has been preferred against the Judgment and Order dated 31.03.2016 passed by the learned Additional Sessions Judge (FTC), Silchar in Sessions Case No. 136/2015 convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and imposing a fine of Rs.1,000/-(Rupees One Thousand Only) in default of payment, to undergo rigorous imprisonment for another 1(one) month.

3. The prosecution case in brief as unfolded in course of the trial is that on 01.03.2015 at around 9:00 p.m. the appellant killed his wife, namely, Bappi alias Mamoni Nath in his rented house at Meherpur by hitting with a Dao (a machete) on her head and neck resulting in her death.

4. A formal FIR was lodged by the house owner on the next day on 02.03.2015, though it appears from the FIR that investigation had started on the night of incident after the police were informed of the incident. It has been mentioned in the FIR that the appellant and the de