KAMESWAR MAJHI DIBRUGARH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Khound, learned counsel for the appellant, Amicus Curiae appointed by the Court as well as Mr. M. Phukan, learned Additional Public Prosecutor for the State of Assam.

(2.) The present appeal has been preferred against the Judgment and Order dated 26.09.2018 passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 132/2014 convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and a fine of Rs.1,000/-(Rupees One Thousand Only) in default of payment of fine to undergo rigorous imprisonment for another 1(one) month.

(3.) The prosecution's case is that on 02.08.2006 at about 5:30 pm, the accused Kameswar Majhi called one Ramu Bhumij, his niece Pramila Bhumij and her husband Ramesh Bhumij to his house. He offered them a bench to sit in the courtyard of his house and asked them to prepare "sada" (chewing tobacco). While Ramu Bhumij and Ramesh Bhumij were preparing tobacco, the accused armed with a dao attacked Ramu Bhumij from behind beheading him. Ramu Bhumij, the deceased, died instantaneously as his head was severed from his body on being attacked with a dao by the accused-Kameswar Majhi.