PANDU MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.3.2004 passed by Learned First Additional Sessions Judge, Tinsukia in Sessions Case No. 54(T)/1999, whereby the Appellant has been convicted under Section 302 of the Indian Penal Code and he has been sentenced to undergo imprisonment for life and also to pay fine of Rs. 5,000, with default stipulation for further rigorous imprisonment for 3(three) months. Being aggrieved with the conviction, the Appellant has preferred this appeal from jail.

(2.) We have heard Mr. I.A. Talukdar, learned amicus curie for the Appellant and Mr. Z. Kamar, learned Public Prosecutor for the State of Assam. The evidence proffered by the prosecution in the trial court and the impugned judgment have also been perused.

(3.) The gravemen of the charge is that in the night of 10.3.1997, one of the deceased Moina Satnami requested one 15 years old daughter of the Appellant if she can sleep with him in the shop. Having not tolerated this offer, the girl came and reported it to her father. The Appellant too got infuriated and he went to the grocery shop wherein Moina Satnami was sleeping with two more children on a temporary bamboo platform, carrying a dao and hacked all the three persons one by one.