NAKUL MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 30.9.2003 passed by the learned Additional District and Sessions Judge, Tinsukia, in Sessions Case No. 38 (T)/2003 convicting the accused Appellant under/, Section 302 of the Indian Penal Code (for short hereafter referred to as the Code) and sentencing him to suffer life imprisonment and also to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for further one year, the accused Appellant is in appeal.

(2.) We have heard Mr. A. Ojah, learned Amicus Curiae for the accused Appellant and Mr. Das, learned Public Prosecutor, Assam.

(3.) The prosecution case unfolds with an FIR filed by one Shri Lakhmi Ram Koiri before the Officer-in-Charge, Tinsukia Police Station, alleging that in the previous night, his son Moni Ram Koiri had been hacked to death with a dao by the accused Appellant while he (deceased) was on his way home after witnessing a cinema at Kachujan Tea Estate. Tinsukia P.S. Case No. 477/2002 under Section 302 of the Code was registered. The FIR incidentally disclosed that the occurrence had been seen by the informant's minor sons.