JUDGMENT :

M.A. Ali, J.

Learned counsel Mr. N.J. Das appearing for the appellant and the learned Additional P.P., Mr. M. Phukan for the respondent were heard.

2. This appeal is directed against the judgment and order dated 26.11.2019 rendered by the learned Additional Sessions Judge, Lakhimpur in Sessions Case No. 178(NL)/2016, whereby the appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 3000/- with default stipulation.

3. The prosecution case in a nutshell was that the deceased Janmoni Baruah was the wife of the appellant Anupam Baruah. The appellant hacked his wife Janmoni Baruah to death on the night of 19.01.2016. Having come to know about the occurrence, the brother of the deceased lodged the FIR (Ext.3) with the Bihpuria Police Station, on the basis of which, police registered Bihpuria P.S. Case No. 31/2016 under Section 302 IPC and upon completion of investigation submitted charge sheet against the appellant.

4. During the course of trial, learned Sessions Judge framed charge against the appellant under Section 302 IPC, which was abjured by him. Prosecution examined 8 witnesses in order to bring home the