SRI AKLA ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment and order dated 13.06.2007 passed by the learned Addl. Sessions Judge (FTC) No. 1,Tinsukia in Sessions Case No. 120(T)/1996 has been challenged in this appeal. The appellant has been convicted under Section 323 and 302 IPC and sentenced to undergo life imprisonment and also to pay fine of Rs. 5,000/ - in default rigorous imprisonment for 6 months for the offence committed by him under section 302 IPC and further sentenced to pay fine of Rs. 5,000/ - in default simple imprisonment for 15 days for the offence committed by him under Section 323 IPC. Heard Mrs. Rita Das Mazumdar, learned Amicus Curie appearing on behalf of the appellant as well as Mr. Z. Kamar, learned Public Prosecutor, Assam for the State Respondent.

(2.) THE prosecution case in brief is that the accused Akla Orang was a ploughman employed by Sukram Mura. Sukram Mura, his wife Arati Mura and his son Madan Mura were living together in a hut. Accused Akla Orang alongwith another ploughman Durga Bhumij used to live in another house in the same house compound of the deceased. On 31st July, 1996 at about 3 a.m. the accused assaulted Durga Bhumij on his stomach, right cheek and right arm. The accused inflicted axe blow on Sukram and his wife. The accused chased Durga to a little distance when he started running. Durga took shelter in the house of Bali Murah (PW2) and reported the incident to him. Bali Murah informed the villagers and he alongwith the villagers visited the house of deceased. They found deadbody of Sukram in his house compound. His wife Arati Mura was shifted to hospital in injured condition. Arati Mura died in the Assam Medical College Hospital, Dibrugarh. PW1 Lok Nath Gogoi, the V.D.P. Secretary lodged the FIR. Police registered a case and on completion of investigation submitted the chargesheet against the accused under Section 302 and 323 IPC.

(3.) IN order to prove its case prosecution examined as many as 14 witnesses. The accused in his statement recorded under section 313 Cr.P.C. denied the allegations leveled against him and pleaded that he was not mentally sound. No defence evidence was adduced. On completion of trial the accused was acquitted by the judgment dated 31.3.1999 passed by the then learned Sessions Judge, Tinsukia. This Court vide judgment and order dated 6.12.2001 passed in Criminal Revision (P) No. 60/2000 set aside the judgment and order passed by the learned Sessions Judge, Tinsukia and remanded the case for disposal in accordance with law. The learned Addl. Sessions Judge after scrutinizing the entire evidence on record found the accused guilty under section 323 and 302 IPC. The accused was accordingly convicted and sentenced as stated earlier.