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 Sonari Police Station, Sonari Police Station Case No. 113/2006, under Section 302 IPC, was registered against the accused treating the said Ejahar as First Information Report (in short, 'FIR').

(iii) During investigation, police visited the place of occurrence, held inquest over the said dead body and the same was also subjected to post-mortem examination, which revealed that Ila Gogoi died, because of shock and hemorrhage, which resulted from a number of injuries sustained by her. At the place of occurrence, police also seized, vide Seizure list (Exhibit 3), a dao, which was allegedly used by the accused for assaulting and killing his wife. On completion of investigation, police laid a charge-sheet, under Section 302 IPC, against the accused.

2. At the trial, when a charge, under Section 302 IPC, was framed against the accused, he pleaded not guilty thereto.

3. In support of their case, prosecution examined altogether 8 (eight) witnesses. The accused was, then, examined under Section 313 Cr.P.C. and, in his examination aforementioned, and the prior thereto, during recording of evidence, the accused took the plea of insanity. No evidence was, however, laid by the accused in support of his plea of insanity.

4. Having come to the conclusion that the accused was guilty of the offence, which he stood charged with, inasmuch as the accused, according to the learned trial Court, failed to prove the plea of insanity, which he had taken, the learned trial Court convicted him accordingly and passed sentence against him as mentioned above. Aggrieved by his conviction and the sentence, which has been passed against him, the accused, as a convicted person, has preferred this appeal.

5. We have heard Mr. R. De, learned counsel, and Mr. K. Goswami, learned counsel, who have appeared as amicus curiae. We have also heard Mr. Z. Kamar, learned Public Prosecutor, Assam.

6. While considering the present appeal, it is apposite to take note of the medical evidence on record. It may be pointed out, in this regard, that it is not in dispute that PW5 (doctor) was the one, who had performed, on 14.06.2006, post mortem examination on the dead body of Ila Gogoi and found as follows:

External appearance:

She was not stout, not decomposed, not emaciated

Wounds:

Injury over right hand 4" length 1" depth.

Cranium and Spinal Canal

Scalp injury 1/2" above right eye of 1 1/2" length and 1/4" depth.

Second injury was in front of left ear 2 1/2" length 1" depth and 1" length 1/2" depth with fracture of scalp.

Haematoma present below the fractural scalp brain.

Thorax: All organs normal.

Abdomen: All organs normal.

Muscles bones and joints:

Injury over right wrist joint Below the injury part of the right wrist joint. Other part is lost Injuries are ante mortem in nature. Rigor mortis was present

7. In the opin