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2023 Supreme(Gau) 692

MICHAEL ZOTHANKHUMA, MALASRI NANDI
Atibur Rahman @ Salim, S/o. Md. Ashar Ali – Appellant
Versus
State of Assam, Represented by the P. P. , Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. M.H. Laskar, Amicus Curiae.
For the Respondent: Ms. S. Jahan.

JUDGMENT :

M. Zothankhuma, J.

1. Heard Mr. M.H. Laskar, learned Amicus Curiae and Ms. S. Jahan, learned Additional Public Prosecutor for the State.

2. This appeal has been preferred against the impugned judgment dated 20.12.2017 / 22.12.2017 passed by the learned Sessions Judge, Diphu, Karbi Anglong, in Sessions Case No. 25/2002, by which the appellant was convicted under Section 302 IPC, for killing his wife and was sentenced to undergo rigorous imprisonment for life with a fine of Rs. 2,000/-, in default, simple imprisonment for 6 (six) months.

3. The Prosecution case in brief is that an FIR dated 21.06.2000 was submitted by the Prosecution Witness (PW) No.3, who is the mother of the deceased, which is to the effect that the appellant, who was her son-in-law, had assaulted the deceased at 10 a.m. on 21.06.2000, leading to her death inside their house and thereafter had fled the scene of crime. Pursuant to the FIR submitted by PW-3, Diphu P.S. Case No.102/2000 dated 21.06.2000 was registered under Section 302 IPC.

4. The Investigating Officer (PW-5) thereafter started the investigation of the case and visited the place of occurrence on 21.06.2000 itself. However, he could not find the

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