The conviction can be based on the reliable testimony of a child witness if corroborated by medical evidence, and courts are to assess the competency of child witnesses carefully.

JUDGMENT :

Y. Longkumer, J.

This is a criminal appeal from Jail under Section 383 CrPC against the Judgment and Order dated 18.01.2018 passed by the Session Judge, Kamrup, Amingaon in Session Case No. 257/2014, which arose out of GR Case No. 13219/13 in Palashbari P.S Case No. 376/13 under Section 302 IPC. By the Judgment and Order dated 18.01.2018 the accused/appellant has been convicted for the offence under Section 302 IPC and he has been sentenced to undergo imprisonment for life with a fine of Rs. 5000/-, and a default clause to undergo another period of two months simple imprisonment.

2. The First Information Report (FIR) was lodged before the O.C. of Palashbari P.S on 10.11.2013 by one Bikram Kachari/informant/ PW-1. In the FIR it was stated that the daughter of the informant was married to the accused/appellant. The accused/appellant along with his family had been residing in a house constructed at some distance from the informant’s house for about three years. On 09.11.2013 the accused/appellant killed his wife (informant’s daughter) by hacking her with a dao inside his house. His grand daughter Purnima Rabha is a minor girl, aged about 4 years, who was present at her home at that relevant time, came to the house of the informant and told them in tears that her father had beaten her mother. He along with his family went there and saw cuts on the neck and cheek of his daughter and found her dead. The accused/appellant had escaped from his house after killing his wife.

3. On receipt of the information from one Debajit Rabha, ARSU (All Rabha Students Union) President over the phone, the Officer-in-Charge of Palashbari P.S registered a G.D. Entry No. 285 dated 09.11.2013 at 6:45 pm and thereafter, after receipt of the formal FIR a case was registered, being Palashbari P.S Case No. 376/13 under Section 302 IPC on 10.11.2013.

4. The post mortem examination on the dead body of the deceased was performed at Guwahati Medical College on 10.11.2013. After completing the investigation into the case the I.O./PW-11 submitted a chargesheet under Section 173 CrPC vide chargesheet No. 272/13 on 23.12.2013 having found a prima facie case for the offence under Section 302 , IPC against the appellant/accused.

5. The appellant was produced from jail custody before the committal court on 01.04.2014. As the chargesheet was submitted against the appellant under Section 302 IPC, which is exclusively triable by the Court of Sessions, the learned committal court vide an order of commitment dated 01.04.2014, committed the case records of GR 13219/13 to the Court of Sessions, Kamrup, Amingaon. On 01.04.2014 the learned committal court also appointed a State defence counsel to conduct the case for the accused/appellant as he expressed his inability to engage an advocate to defend his case.

6. On receipt of the case records of GR Case No. 13219/13, the Court of Sessions registered the same as Session Case No. 257/2014. Thereafter, the case of the prosecution was opened by the learned Public Prosecutor and after hearing the learned Public Prosecutor and the learned Defence Counsel and upon perusal of the materials on records the learned trial court proceeded to frame the charge under Section 302 IPC against the accused/ appellant.

7. After framing the charge, the charge was read over and explained to the appellant to which, he pleaded not guilty and claimed to be tried. During the course of the trial the prosecution examined 11 witnesses and exhibited