HIRA MAJI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This jail appeal is directed against the judgment dated 16.07.07 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No.12/07 convicting the accused/appellant under Section 302 IPC and sentencing him to suffer R.I. for life and to pay a fine of Rs.5000.00 in default S.I. for another period of 2(two) months for the offence, aforesaid.

(2.) Being aggrieved by and dissatisfied with, accused/appellants preferred this present appeal.

(3.) The facts necessary for disposal of the present appeal, in short, are that on 16.08.06 at about 5:00 am one Mahendra Majhi (since deceased) was coming home from Ukha Bam. When he reached the gateway of one Manik Majhi, he met some of his co-villagers, such as; Manik Majhi, Ashok Murmur and Pona Phukan He joined them and started gossiping with them as well. Precisely at that time, accused Hira Majhi arrived there with a Kalam Kutari (knife used for pruning tea bush) in his hand and started inflicting blows on Mahendra Majhi.