IMPORTANT POINT
The main legal point established in the judgment is the application of the exceptions under Section 300 IPC, particularly in cases involving sudden quarrel and loss of self-control, and the need to establish the absence of premeditation, undue advantage, or cruel behavior by the offender.

JUDGMENT :

KARDAK ETE, J.

1. This appeal from Jail preferred against the judgment and order dated 03.06.2019, passed by the learned Additional Sessions Judge (FTC), Biswanath Chariali, Sonitpur, Assam, in Sessions Case No. 71/2018, whereby, the accused-appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 2,000/- in default, to undergo rigorous imprisonment for one month.

2. We have heard Mrs. R.D. Mozumdar, learned Amicus Curiae and Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the State-respondent.

3. This criminal proceeding was set into motion upon filing of an FIR dated 17-01-2018, by one Sri Jiten Guha, who is the neighbour of the accused-appellant, before the Officer-in-Charge of Sootea Police Station, Sootea, Biswanath, stating that at about 1.00 am, on 16-01-2018, his relative Junta Bauri, who lived in a house adjacent to his house, was strangled to death by her husband, Sri Hiren Bauri (accused). Accordingly, on the basis of the said FIR, police registered Sootea Police Station Case No. 09/2018, under Section 302 IPC. During investigation, inquest report was prepared by the Investigating Police Officer and autopsy was done.

4. On completion of investigation, police submitted charge-sheet against the accused-appellant under Section 302 IPC and on committal of the case, trial was conducted by the learned Additional Sessions Judge, FTC, Biswanath Chariali, Sonitpur, Assam.

5. The prosecution examined 10 (ten) witnesses including the Investigating Police Officer (PW-9) and the Medical Officer (PW-10) to establish the charge against the accused-appellant. The appellant was also examined under Section 313 Cr.P.C. in respect of various incriminating materials and evidence adduced against him, where he reiterated that the allegations are false and denied of committing the offence. He stated that he has been falsely implicated.

6. The learned trial Court, after considering the evidence adduced and after considering the statement made by the appellant, held that the prosecution has been able to prove the charge against the appellant beyond reasonable doubt and accordingly, convicted the accused-appellant under Section 302 IPC and awarded sentence as indicated above.

7. For proper appreciation of the case in hand, evidence adduced by the PWs are considered.

8. PW-1, Sri Dhruba Bowry alias Ratan Bowry, is the son of the appellant and was about 9 years old when he deposed before the trial Court. He stated that the accused is his father and the deceased, Jonta Bowry is his mother. About 4 months ago, at about 1.30 am, his father/accused-appellant had killed his mother by strangulation. He was in the house and he saw his father killing his mother. He raised hullah and then his aunt (Pehi), Jonali Guha, whose house is adjacent to the house of the accused-appellant, came out of her house and raised hullah. The villagers tried to save his mother by providing heat of fire. In the next morning, the police came and took the dead body for post-mortem examination and also arrested his father. He further deposed that he gave his statement under Section 164 of the Cr.P.C. before the Magistrate.

In cross-examination, he stated that he usually go to sleep at 7 p.m. and quarrel occurred regularly between his father and his mother.

9. PW-2, Sri Jiten Guha, is the informant and a neighbour of the appellant. In his statement, he stated that he knew the deceased, who was the wife of the appellant and the occurrence took place four months ago. At about 1.00 a.m. in the morning, PW-1 raised alarm. His house is situated at about 30 feet from the house of the appellant and hearing the hullah, he went to the house of the appellant and saw that the deceased was lying on the ground inside the house. He deposed that PW-1 stated that his mother was killed by his father (accused appellant) by strangulation. The other villagers were called by the PW-2 and on the next morning, police c