BAGHIA URANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. K. Gupta, the learned Amicus Curiae for the appellant and the learned P.P.

(2.) This appeal is directed against the judgment and order, dated 13-7-99, passed by the Sessions Judge, Golaghat, in Sessions Case No. 37/92, convicting the accused- appellant u/S. 302, IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 100/- and, in default, to undergo further imprisonment for one year.

(3.) The prosecution case in brief is that on 2-2-92 at about8 A.M. while Smt. Tilo Panika was sitting at her house and talking to her neighbour and relative, Jumuna Panika, at her own house, the accused-appellant, suddenly, entered into her house and assaulted Tilo Panika with an axe over her head as a result of which Tilo Panika died on the spot. On alarm being raised by Jumuna Panika and the children present in the house, people from the neighbourhood came rushing and saw the accused running away with an axe in his hand and blood stains on his wearing apparels. However, the accused was apprehended and tied by a rope and the police was informed by one Ramdas Panika. Thereafter, police arrived at the place of occurrence, held inquest over the dead-body and took the accused into their custody and seized the said axe. On completion of investigation, charge sheet u/S. 302, IPC was submitted against the accused.