JUDGMENT :

Suman Shyam, J

Heard Mr. N. Uddin, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, representing the State/respondent No.1. None has appeared for the informant/respondent No.2.

2. The sole appellant Nitul Saikia was convicted under Sections 302/451 of the Indian Penal Code (IPC) by the judgment and order dated 21.10.2019 passed by the learned Additional Sessions Judge No.1, Nagaon, in Sessions (TJ) Case No.47/2018 for committing the murder of Pori Saikia and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.1000/-, in default of payment of which, to undergo rigorous imprisonment for further period of two months for committing the offence under Section 302 IPC. The appellant was also sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.500/-and in default, to undergo rigorous imprisonment for further period of one month, for committing the offence under Section 451 of the IPC. Both the substantive sentences were to run concurrently.

3. The prosecution case, in a nutshell, is that on 20.07.2017, at about 10.40 p.m. the accused/appellant came to the house of the deceased in the absence of her husband and inflicted multiple stab injuries on her body with a knife. The victim was immediately rushed to the Nagaon B.P. Civil Hospital by a 108 ambulance but next morning she succumbed to her injuries while undergoing treatment in the hospital.

4. On 21.07.2017 at around 6.10 p.m., Sri Tulon Saikia i.e. the husband of the deceased had lodged an ejahar before the Officer-in-Charge, Raha Police Station, reporting the incident. Based on the ejahar, Raha P.S. Case No.202/2017 was registered under Sections 452/302 of the IPC. Thereafter, usual investigation was carried out by the police whereby, statement of the witnesses were recorded, the knife used in commission of the crime was seized along with a blood stained bedsheet from the place of occurrence, inquest was conducted on the dead body and the body was sent for post-mortem examination. The I.O. had also arrested the accused person and got his confessional statement recorded by the learned Chief Judicial Magistrate, Nagaon under Section 164 Cr.P.C. On completion of investigation, the I.O. had submitted charge-sheet against the appellant under Section 302 of the IPC.

5. The learned trial court had framed charges against the accused under Sections 452/302 of the IPC. The charges were read over and explained to him but since the accused had pleaded not guilty and claimed to be tried, the matter went for trial.

6. There is no eye-witness to the occurrence and the prosecution case is entirely based on circumstantial evidence. In order to bring home the charges framed against the accused/appellant, the prosecution had examined as many as nine witnesses out of which, two witnesses viz. the Chief Judicial Magistrate, Nagaon (CW1) and a constable serving in the Raha Police Station (CW-2), were examined as Court witnesses.

7. PW-1, Dr. Ajit Goswami was the SDM & HO on duty at Nagaon B.P. Civil Hospital on 21.07.2017 and he had conducted post-mortem examination on the dead body of Pori Saikia. PW-1 has deposed that as per the post-mortem report, the following injuries were found in the dead body :

“On examination, I found the following :

Multiple penetrating stab injuries by sharp weapon, two symmetrically placed on both side of the chest on the middle of the breast; 2”x 1”x 6” which are penetrating the lung tissue. Similar wounds on both upper thighs two symmetrically placed above the abdomen; right one is penetrating to the liver. Cut mark on right carotid artery stabbing in nature. Hemoperitoneum and blood found in the pleural cavity.”

PW-1 has also opined that the cause of death of the deceased was due to shock and haemorrhage as a result of stab injury sustained.

8. PW-2, Sri Tulan Saikia is the informant in this case. PW-2 has deposed that the occurrence took place