MOHIPAL TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appellant has filed this appeal from jail challenging his conviction under Section 302 of the Indian Penal Code and the award of a sentence of life imprisonment. The appeal is directed against the judgment of the Addl. Sessions Judge, No. 1, at Tinsukia in Sessions Case No. 213 (T)/03 decided on 17.9.2005.

(2.) A First Information Report (FIR) was lodged on 10.7.2003 to the effect that around midnight of 9.7.2003/10.7.2003 the Appellant caused grievous injuries to his employer Krishna Roy with a sharp cutting weapon. As a result of the injuries, the employer died on the spot and the Appellant fled away from the place of occurrence after committing the crime.

(3.) The Appellant was working as a Cook in the hotel of Krishna Roy and it appears that the hotel was rather a small one but it had three rooms, which were used for sleeping. On the fateful night, Krishna Roy, two prosecution witnesses P.W. 3 and P.W. 4 and some others were sleeping in one room. The Appellant was sleeping in another room and the third room was occupied by P.W. 5.