JUDGMENT :

Heard Mr. G. Tarak, learned counsel for the appellant. Also heard Ms. T. Jini, learned Additional Public Prosecutor, State of Arunachal Pradesh.

1. This appeal is directed against the judgment dated 27.09.2018 and sentence dated 09.10.2018, passed by the learned Sessions Judge, Yupia in Session Case No. 20/2015, whereby the appellant was convicted under Section 304-II IPC and sentence to undergo for rigorous imprisonment for three years and to pay fine of Rs. 20,000/- and in default of payment of fine, to undergo further R.I. for six months.

2. The case of the Prosecution:

I. The prosecution case in nutshell is to the effect that the present appellant/accused, on 24-02.2015, came to the residence of the informant about 10:10 PM, wake up the husband of the informants, who was asleep at that point of time and offered him drinks. They drank together till 10:30 PM. Meanwhile, the husband of the informant returned to sleep. It is the further story of the prosecution that the informant No. 1 requested the appellant never to come again anytime as the present appellant had made her husband alcoholic every time he came. Then the appellant started quarreling with the informant and started hitting and punching her and thereafter, the husband woke up and the appellant fled the scene and the husband of the informant chased the appellant however, the appellant hit the husband of the informant with the help of a stone many times in the chest and other parts of body. Then her husband fell unconscious on a drain. Though her husband was rushed to hospital but died on the way.

II. On such information being lodged before the Officer-in-Charge, Balijan Police Station, a case being BJN/PSC/No.06/15 under Section 302 of the IPC was registered on 25.02.2015 and investigation was started. On completion of investigation, the Investigating Officer had submitted charge-sheet under Section 302 of the IPC on 26.04.2015.

III. On the basis of such charge-sheet the learned Sessions Judge had framed charges under Section 302 of the IPC against the appellant on 03.06.2015. Since, the appellant had pleaded not guilty, the matter went up for trial.

IV. During the trial, prosecution had examined as many as 15 (fifteen) witnesses to bring home the charge framed against the appellant and exhibited 7 (seven) documents, 1 (one) material exhibit and 4 (four) numbers of photographs. In his statement recorded under section 313 Cr.P.C., the appellant had denied all the incriminating circumstances put to him. The appellant examined himself as DW-1.

V. Upon conclusion of the trial, learned Sessions Judge, had passed the judgment and sentence, convicted the appellant under Section 304-II of the IPC. The same is under challenge.

3. The prosecution witness:- Before any determination is made by this Court in this appeal, let this Court examine the prosecution witnesses:-

I. PW-1, Smti Ningee Pani, is the first wife of the deceased Ningee Naka. She deposed that she knows the accused and they are from the same village. She deposed that on 24.02.2015, she along with the deceased, appellant and informant (PW-2) went to Dupia, Assam to the house of her brother to collect Rs. 5000/- for her. The vehicle was driven by the accused. After collecting the money they came back to Hollongi and after dropping them at their house, the accused went away and again came back at about 08:00 PM and searched for her husband. According to her, the deceased husband went to the bed. After some time, the deceased husband wanted to go back to the bed. At that point of time, the accused and the informant, PW-2 (2nd wife of the deceased) were in veranda, while she was preparing the bed for her husband. The PW-2, asked the accused to go back and then accused got angry and assaulted her. They physically fought with each other. Then PW-1 came out to separate the appellant and the PW-2. Then she saw her husband woke up and coming out of the room but accused suddenly gave her also a blow on her eyes, d