JUDGMENT :

N. KOTISWAR SINGH, J.

Heard Mr. Z. Hussain, learned counsel for the appellant. Also heard Mr. R. Kaushik, learned Additional Public Prosecutor, Assam, appearing for the State.

2. The present appeal has been preferred against the impugned judgment and order dated 7.5.2018 passed by the learned Additional Sessions Judge, Dibrugarh, in Sessions Case No. 283/2013, by which the present appellant was convicted for murder of his wife under section 302, IPC and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 10,000, in default of which he is to undergo simple imprisonment for one month.

3. Upon an FIR filed on 11.1.2013 by one Abhijit Murrhu, who is the brother-in-law of the appellant, informing that the appellant after marrying informant's sister Smt. Anima Murmu for about 17 years had been physically assaulting his sister and when he went to his sister's house he came to learn that at about 11 p.m. on 10.1.2013 the appellant had brutally assaulted his elder sister with hands, as a result of which she died. Accordingly, a police case vide Tingkhong PS Case No. 13/13 was registered under section 302, IPC. Upon completion of investigation, the appellant was charge sheeted for committing murder of Sabita Baskey alias Anima Baskey punishable under section 302 of the IPC.

4. The learned trial court, on the basis of the evidence adduced convicted the appellant under section 302, IPC for committing murder of his wife as mentioned above.

5. As we proceed to examine the correctness of the judgment and conviction of the appellant, it would be relevant to refer to the evidences, briefly, which have been brought on record before the learned trial court.

6. The prosecution examined as many as 10 witnesses and exhibited a number of documents.

7. The first prosecution witness, namely, Lokeswar Dhadumia (PW 1), who was the village Headman at the relevant time, deposed that on the day of the occurrence in the morning at about 5/6 a.m., the appellant reported him that there was a quarrel between the appellant and his wife, as a result of which the appellant's wife died. Thereafter, PW 1 brought the appellant to Tinkhong Police Station. PVV1 also stated that in course of the interrogation, the appellant confessed before the police that he had killed her.

PW 1 was also a witness to the inquest.

In the cross-examination, PW 1, however, stated that the appellant did not inform him that he killed his wife but denied the charge of the defence that PW 1 had falsely implicated the appellant due to certain differences relating to allotment of Fair Price Shop which the appellant was running and which PW 1 had tried to give to some other person.

8. PW 2, Shri Bipin Baskey, is the son of the appellant who was about 16 years. PW 2 testified that deceased was his mother and he resided in the same house with the appellant (his father) and his mother (deceased). He stated that in the morning he saw his mother lying dead on her bed and his father (appellant) was sleeping at that time. He also stated that on the day of the occurrence, he was present at the house. He also stated that on the day of the occurrence, there was no quarrel between the appellant and his mother and in the morning, when he called his mother, she was found dead. PW 2, however, denied having any knowledge about the incident.

9. PW 3 is one Dr. Subhajyoti Deka, who conducted the post mortem examination on the dead body of the deceased-Sabita Baskey. On examination, PW 3 found the following injuries on the body of the deceased:-

“1. Periorbital contusion over the left eye (black eye);

2. Multiple abrasion of size 5 cm × 5 cm to 1 cm × 1 cm present over the right forehead;

3. Contusion of size 10 cm × 5 cm over the left fact;

4. Lacerated injury of size 2 cm × 1 cm muscle deep present over the left chin;

5. Lacerated injury of size 1 cm × 1 cm muscle deep present over the left mastoid just below the left ear;

6. Abrasion of size 2 cm × 1 cm present over the right chest;

7. A