JUDGMENT :

Heard Dr.B.N. Gogoi, learned Amicus Curiae. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.

2. This appeal is preferred by appellant Sri Tembra Brahma, from Jail, assailing the judgment and order dated 03.12.2019 passed by the learned Sessions Judge, Kokrajhar in Sessions Case No.40/2018 whereby the appellant has been convicted under section 302, IPC, 1860 and sentenced to undergo Rigorous Imprisonment for life and a fine of Rs.3,000/-(Rupees three thousands) only and in default of payment of fine to undergo imprisonment for a period of 6 (six) months.

3. The prosecution case, in brief, is that an ejahar was lodged by one Manik Brahma, the village headman alleging that on 01.01.2018 at around 6.30/7.30 P.M. the accused Tembra Brahma axed to death his wife Lohasi Brahma near the gate of St. Francisco Xavier School, Dotma. It is also stated that the daughter of deceased mother saw the entire incident.

4. On receipt of the said ejahar, an FIR was registered being the Dotma Police Station Case No.3/2018, under Section 302 of the Indian Penal Code, 1860. On completion of investigation, the I.O has filed the charge sheet against the accused appellant under s