IMPORTANT POINT
The court affirmed that the appellant's actions constituted murder under Section 302 IPC, rejecting claims of provocation.

JUDGMENT :

(Mridul Kumar Kalita, J.)

1. Heard Mr. S. D. Purkayastha, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned senior counsel and Additional Public Prosecutor appearing for the state of Assam.

2. This Criminal Appeal (Jail) has been registered on receipt of a petition of appeal filed by the appellant, namely, Shri Monuranjan Gogoi, who is presently serving out his sentence in the Central Jail, Dibrugarh. The petition of appeal has been forwarded to this Court through the Superintendent, Central Jail, Dibrugarh. In this Appeal, the appellant has impugned the judgment dated 17.10.2022 and order dated 19.10.2022, passed by the Court of learned Additional Session Judge, Dibrugarh, in Sessions Case No. 52/2019, whereby the present appellant was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand) and in default of payment of fine to undergo simple imprisonment for three months.

3. The facts relevant for adjudication of the instant appeal, in brief, are as follows:-

(i) That on 02.01.2019, one Smti. Labanya Chetia had lodged an FIR before the Officer-in-charge of the Moran Police Station, inter alia, alleging that on 01.01.2019, at around 7:30 PM, one Shri Monuranjan Gogoi (the appellant), entered into her house all on a sudden and hacked her husband to death with a dao. It is also stated in the FIR, at that time, the fellow villagers, namely, Sri Duwal Changmai and Sri Singra Dihingia of Bhogpara gaon of Sivasagar were present in her house and they had witnessed the incident.

(ii) On receipt of the aforesaid FIR, the Officer-in-Charge of Moran Police Station registered the Moran P.S. Case No. 3/2019 under Sections 448/302 of the Indian Penal Code and he himself took up the investigation of the case. The Investigating Officer visited the crime scene, recorded the statement of witnesses, prepared the sketch map of the place of occurrence of the offence got the inquest as well as post-mortem examination of the dead body done and arrested the appellant.

(iii) Ultimately, on completion of the investigation, the charge-sheet was laid against the present appellant under Sections 448/302 of the Indian Penal Code.

(iv) After considering the materials on record and after hearing both the sides, on 02/07/2019, the Trial Court framed the charge under Section 302 of the Indian Penal Code against the present appellant. When the said charge was read over and explained to him, he pleaded not guilty to the same and claimed to be tried. The appellant faced the trial remaining in custody.

(v) To bring home the charge against the present appellant, the prosecution side examined as many as six prosecution witnesses. The appellant was examined under Section 313 of the Code of Criminal Procedure, 1973, during which he denied the truthfulness of the testimony of the prosecution witnesses and pleaded his innocence.

(vi) Ultimately, on completion of the trial, by the judgment and order which are impugned in this appeal, the appellant was convicted and sentenced in the manner as already described in paragraph No. 2 hereinbefore.

4. Before considering the rival submissions made by learned counsel for both the sides, let us go through the evidence which is available on record.

5. PW-1, Smt. Labanya Chetia, who is the first informant of this case, as well as wife of the deceased, has deposed that the incident occurred on 01.01.2019 at about 7:15 PM in their house. She has deposed that the appellant was residing in their house for last seven years prior to commission of the offence. She has also deposed that on the day of occurrence of offence, at about 6:30 PM, the appellant came to their house after attending a feast. That day, one of the relatives of PW-1, namely, Hingora Dihingia, also came to their house. She has further deposed that the Appellant found Hingora Dihingia seated on the bed of the appellant and as s