JUDGMENT :

Heard Mr. U.K. Barman, learned counsel for the appellant and Mr. M.P. Goswami, learned Addl. P.P. for the State respondent. None appears for the respondent No. 2.

2. In this appeal, under Section 374[2] of the Code of Criminal Procedure, 1973 the appellant, Sri Jakub Bhengra has challenged the correctness or otherwise of the judgment and order, dated 16.03.2022, passed by the learned Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 249/2017 [new] and 03/2016 [old]. It is to be noted here that vide impugned judgment and order, dated 16.03.2022, the learned Sessions Judge, Karbi Anglong, Diphu has convicted the appellant under Section 498[A]/306 of the IPC, and thereafter, sentenced him to suffer rigorous imprisonment for a period of 10 years and also to pay a fine of Rs. 5,000/- with default stipulation and also to suffer rigorous imprisonment for 3 years, under Section 498[A] of the IPC with a fine of Rs. 5,000/-with default stipulation.

3. The background fact, leading to filing of this appeal, is adumbrated herein below:-

“About four years back Smti Lbina, since deceased, elder sister of Willium Gonak (the informant of this case) of Kohora, Kaziranga of Golaghat, got married with one Jukub Bhengra (herein after appellant), of Japarajan village, Bokajan, and thereafter, lived together as husband and wife. They have a baby boy of one year old. Thereafter, on 13.08.2014, the informant came to know over phone that on the night of 12.08.2014, his elder sister had committed suicide. On receipt of the aforesaid information, his parents went to his sister’s house and his mother reported him that she suspects that her daughter did not commit suicide and it was a case of murder. Next day he went to the house of the appellant at Japarajan village and took part in cremation of the dead body and on suspicion that his brother-in-law committed murder of his elder sister and thereafter, hanged her body on a bamboo tree, he lodged one FIR on 14.08.2014, with the officer-in-Charge, Bokajan P.S.

Upon the aforesaid FIR, the Officer In-Charge, Bokajan PS registered a case being Bokajan PS Case No. 101/2014, under Section 302 of the IPC and he investigated the same. During the course of investigation, he had visited the place of occurrence, examined the witnesses, drawn up sketch map of the place of occurrence and conducted inquest on the dead body and sent the same for post mortem examination. Thereafter, he had collected the post mortem report. He also caused arrest of the accused and forwarded him to the court. He then examined the witnesses and on completion of investigation he laid charge sheet against the accused/appellant to stand trial in the court under Sections 498[A]/306 of the IPC.

On commitment of the case the learned District Magistrate, Karbi Anglong, Diphu, who was the Sessions Judge of Karbi Anglong, Diphu before separation of judiciary, had framed charge against the accused/appellant under Sections 498[A]/306 of the IPC and read and explained over the same to the accused/appellant to which he pleaded not guilty and claimed to be tried. Thereafter, the learned District Magistrate/Sessions Judge, Karbi Anglong, Diphu had examined one witness. In the meantime, the District Judiciary in Karbi Anglong District stands separated and then case was also transferred to the court of learned Sessions Judge, Karbi Anglong. Thereafter, the learned Sessions Judge proceeded with the case and examined as many as 11 witnesses, including the M.O. and I.O. Thereafter, the learned Sessions Judge had examined the appellant under Section 313 of the Cr.P.C. and after hearing arguments of learned Advocate for both the parties, found the charges under Section 498[A]/306 of the IPC stands established and accordingly, convicted the appellant and sentenced him as aforesaid.”

4. Being highly aggrieved the appellant approached this court by filing the present appeal and contended to allow the appeal by setting aside the impugned judgment and orde