JUDGMENT :

(M. Zothankhuma, J.)

1. Heard Mr. N. Hasan, learned Amicus Curiae for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State.

2. This appeal has been filed against the impugned judgment dated 15.03.2019 passed by the Court of the Sessions Judge, Tinsukia in Sessions Case No.86(T)/2016, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.25,000/-, in default to suffer imprisonment for 3 (three) months.

3. The prosecution case in brief is that the appellant had surrendered before the Tongona Police Station on 31.12.2015 along with the severed head of his aunt and a dao (long knife), which was used by him to severe the head of the deceased. An FIR dated 01.01.2016 was submitted by PW-2, who is the husband of the deceased to the Officer-in-charge, Tongana Police Station. In the FIR it was stated that around 7 p.m. on 31.12.2015, the appellant had killed PW-2’s wife Anita Praja, by slitting her throat with a sharp weapon. Consequent to the FIR, Tongana P.S. Case No.01/2016 under Section 302 IPC was registered.

4. PW-12 was made the Investigating Officer (