BIJOY MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 22.12.2003, passed by the learned Sessions Judge, Sonitpur, in Sessions Case No. 26/2003. By the impugned judgm-ent and order, the learned Sessions Judge, held the appellant guilty of the offence under section 302 of the Indian Penal Code (hereinafter referred to as the "IPC") and sentenced him to suffer imprisonment for life and pay a fine of Rs. 1,000.00, in default suffer rigorous imprisonment for another period of one month. Aggrieved by the said conviction and sentence, the convict, as appellant, has come up with this appeal.

(2.) We have heard Mrs. RD Mazumdar, learned Amicus Curiae appearing for the appellant and Mr. Z. Kamar, learned Additional Public Prosecutor, for the State of Assam.

(3.) The prosecution case, as revealed at the trial, is that, on 28.2.2002, at about 5.00 P.M., the appellant assaulted Smt. Rampuri Gowala, (hereinafter called the deceased) i.e. the mother of the informant with a dao and thereby caused her death. Shri Ramlal Gowala, son of the deceased, lodged an FIR, on 28.2.2002, with the Police. The said FIR has been registered as Dhekiajuli P.S. Case No. 71/2002, under section 302 IPC. During the investigation, Police visited the place of occurrence, prepared the inquest report of the dead body, forwarded the dead body for post mortem examination, seized a blood stained dao, vide Exhibit No. 3 and a blood stained chaadar, vide Exhibit 5, recorded statement of witnesses and arrested the appellant, who appeared in the Police Station, on 27/2/2003, along with the dao. At the close of the investigation, Police submitted charge sheet against the appellant under section 302 IPC against the appellant.