RAMESH MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order, dated 09.08.2011, passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 90/2009 (GR. Case No. 2225/2008), whereby the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code (for short IPC) and sentenced him to suffer imprisonment for life and pay fine of Rs. 2,000/- (Rupees two thousand), in default suffer rigorous imprisonment for another period of 6 (six) months. We have heard Ms. K. Goswami, learned Amicus Curiae, appearing for the appellant and Ms. S. Jahan, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.

(2.) The prosecution case, in brief, is that, on 08.12.2008 at about 4.00 p.m., the informant's (PW 2's) father (appellant) hacked his wife (i.e. the mother of PW 2) to death. The PW 2, on being informed by a neighbourer, about the incident, rushed to his house and found his father charging the villagers with a dao (machete). Out of fear, PW-2 did not dare to enter their premises and informed Mr. Jiten Deka (PW-3), who informed the police. Upon arrival of police, the appellant was apprehended and the machete was taken away. Thereafter, they entered the house and found the dead body of the deceased, lying in injured condition. The FIR (Ext. 4) being lodged by PW 2, Police registered a case and launched investigation into the matter.

(3.) During investigation, police arrested the appellant, seized the machete, prepared the inquest report, sent the dead body for autopsy and examined the witnesses.