THE GAUHATI HIGH COURT, (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY, MARLI VANKUNG
Dhan Gowala, Sonitpur – Appellant
Versus
State of Assam, represented by the Public Prosecutor, Assam – Respondent
JUDGMENT :
Manish Choudhury, J.
The instant criminal appeal from Jail is directed against a Judgment & Order dated 08.08.2019 passed by the Court of learned Additional Sessions Judge, Biswanath Chariali at Sonitpur, Assam [‘the Trial Court’, for short] in Sessions Case no. 27 of 2018. By the Judgment & Order dated 08.08.2019, the Trial Court has convicted the accused-appellant for the offence under Section 302 , Indian Penal Code [ IPC ] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another two months.
2. The investigation was set into motion on the basis of a First Information Report [FIR] lodged by the informant, Smti. Tipari Ghatowar [P.W.8] on 20.03.2017 before the Officer In-Charge, Gohpur Police Station reporting about an alleged murder occurred at 06-00 p.m. on that day. In the FIR, the informant had inter alia stated that at around 06-00 p.m. on that day, the accused-appellant, Dhan Gowala killed his brother-in-law, Matilal Ghatowar, aged about 30 years and a resident of Bishnupur Majgaon, by hacking him with a dao. After the assault, the accused-appella
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