JUDGMENT :

(S.P. Khaund, J.)

1. Heard Mr. N. Deka, learned Amicus Curiae for the appellant and Ms. B. Bhuyan, learned Addl. PP for the State of Assam.

2. This appeal is preferred u/s 374(2) of the Code of Criminal Procedure seeking defeasance of the Judgment & Order dated 12.07.2021 passed by the learned Additional Sessions Judge, Sivasagar in Sessions Case No. 35(S-N) of 2016 arising out of Nazira P.S. Case No. 202/2015 (corresponding G.R. Case No. 604/2015) convicting the appellant Sanjay Bhumij for the offence u/s 302 of the Indian Penal Code, 1860 (IPC for short) and sentencing him to undergo Imprisonment for Life and to pay a fine of Rs. 10,000/-with default stipulation.

3. The genesis of the case was that Asha Bhumij (hereinafter also referred to as the victim or deceased) who was married to Sanjay Bhumij (hereinafter referred to as the accused) was compelled to take shelter in her parental home as her husband i.e. the accused used to quarrel with her frequently. On 24.11.2015 at about 6 PM while Asha Bhumij wasreturning home after work, the accused pulled her from the road towards his house and after sometime she was found unconscious. Asha Bhumij was taken to the Tea Estate