PARSURAM BHUMIZ Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal under Section 374 CR. P.C. is directed against the judgment and order, passed by the Sessions Judge, Jorhat, on 12-12- 1997, in Sessions Case No. 14 of 1997, whereby the accused-appellant, namely, Parasuram Bhumiz was convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- and, in default of payment of fine, to suffer further imprisonment for one month.

(2.) The prosecution allegation, in short, is that on 06.05.1996 at about 5 PM, while the deceased Jagdish Uria was returning from the market and passing through the garden line, the accused-appellant, Parasuram Bhumiz, assaulted him with a naga dao. The deceased snatched away the dao and ran to his house to save his life. He narrated the matter to his wife and other witnesses, who arrived at the place of occurrence on hearing the commotion. The injured was removed to the garden hospital and from there to Nakachari Public Health Centre and, thereafter, to Jorhat Civil Hospital. As his condition deteriorated, the doctor of Jorhat Civil Hospital advised him to be taken to the Dibrugarh Medical Hospital. The wife, however, could not arrange money for taking him to Dibrugarh and brought the injured to his house where he died around 4 AM.

(3.) The FIR was lodged by Guna Patnaik, the brother-in-law of the deceased. The accused surrendered at the police station and he was sent for recording his confessional statement and a Judicial Magistrate recorded his confessional statement under Section 164 Cr.P.C.