DOLU MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is preferred by the convict Appellant Dolu Munda @ Lakhindar from the jail as he was convicted under Section 302 of the Indian Penal Code (for short 'IPC') and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, i/d to undergo rigorous imprisonment for Anr. term of six months by the learned Additional Sessions Judge, Cachar, Silchar vide his judgment and order dated 4.9.2003 passed in Sessions Case No. 113 of 2002.

(2.) We have heard Mr. S.K. Medhi, learned Amicus Curiae for the accused-Appellant and Mr. K.A. Majumder, learned Public Prosecutor, Assam.

(3.) The unfolded prosecution case, inter alia, is that on 26.6.2000 one Shri Lochan Bhor lodged an Ejahar before the Officer-in-Charge of Dholai Police Station complaining, inter alia, that on that day at about 3.30 p.m. when his father Budhua Bhor was issuing membership receipts in his capacity as the president of Bharatiya Tea Mazdoor Union, the Appellant along with Shri Ranjit Chasa, Madan Telipatar, Jahan Rajwar, Lakhia Bhumij and Ors. , residents of Bhubandar Tea Estate under Dholai Police Station in the District of Cachar forming an unlawful assembly and having been armed with dao, lathi, dagger etc. attacked his father, assaulted him and the accused-Appellant cut his father's neck with a dao and as a result, his father died at the spot. At the time of the aforesaid incident, the informant was in his place of work and after getting the information he went to the place of occurrence and heard that the accused-Appellant had killed his father by cutting his neck while the other accused had hit him in various parts of his body.