Iqbal Ahmed Ansari, J.

1. This is an appeal against the judgement and order, dated 13.06.2008, passed, in Sessions Case No. 33 (S-C) 2007, by the learned Sessions Judge (FTC), Sivasagar, convicting the accused-appellant, Ghana Gogoi, under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs. 2,000/- and, in default of payment of fine, suffer simple imprisonment for a period of 2 (two) months. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(i) Deceased, Ila Gogoi, was the wife of the accused and they used to live together with their son. On 13.06.2006, at about 5-30 P.M., the accused gave several blows to his wife, by means of dao, causing injuries on her person. On hearing Ha Gogoi crying out of pain, people from the neighbourhood came and saw the accused, Ghana Gogoi, standing near his wife, holding a dao in his hand. The accused was caught hold of by his brother and other co-villagers and the dao was taken away from his possession. Though the injured was taken to civil hospital, she succumbed to her injuries.

(ii) On the basis of an Ejahar, lodged, with regard to the occurrence, by Puna Gogoi, at Son