AMIYA GOWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The accused/Appellant challenges the judgment dated 19.2.2004 in Sessions Case No. 132(T)/02 rendered by the Court of the Addl. Sessions Judge, No. 1, Tinsukia, whereby he is convicted for an offence under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life and also to pay a fine of Rs. 5,000 and in default, R.I. for another 3 months.

(2.) In the FIR filed by the informant Jag Mohan Rajput it was alleged that on 29.10.2000, the informant's parents Lalchand Rajput and Gorbari Rajput were called by a co-villager Fatia Gowala (PW 4) to get his ailing daughter treated by quackery (witchcraft). But when Fatia Gowala's daughter died during the process, the girl's uncle Amiya Gowala out of anger, inflicted "mit-dao' blows on the necks of the informant's parents and killed them. After the assault the Appellant along with the "dao" surrendered at the Talap Police Outpost. The police immediately arrested the Appellant and also seized the "doa" rproduced by him.

(3.) The police then carried out investigation of the case and charged the accused with murder of the deceased Lalchand Rajput and Smt. Gorbari Rajput. The case was committed for trial to the Sessions Court, Tinsukia, by the learned Judicial Magistrate Second Class, Tinsukia on 18.9.2002. In the trial Court charge under Section 302, IPC was framed to which the accused pleaded not guilty and wanted to be tried.