MAHESH MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Bhagawati, learned Amicus Curiae, appearing for the appellant. We have also heard Ms. B. Bhuyan, learned senior counsel and APP, Assam, assisted by Ms. N. Chakraborty, learned counsel, appearing for the State.

(2.) The present appeal has been preferred by the sole appellant assailing the judgement and order dtd. 07/05/2018 passed by the learned Sessions Judge, Sivasagar in Sessions case No. 33(S-S)/2015, convicting him under Sec. 302/326 of the Indian Penal Code (IPC) for committing the murder of deceased Smt. Shanti Munda i.e. the mother of the accused and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.1000.00 for committing the offence punishable under Sec. 302 of the IPC; the accused/appellant was also sentenced to undergo rigorous imprisonment for 5 (five) years and to pay fine of Rs.1000.00 for committing the offence punishable under Sec. 326 of the IPC.

(3.) The prosecution case, in a nutshell, is that on 09/07/2014, an ejahar was lodged with the Officer-in-Charge of Demow Police Station reporting that the appellant Mahesh Munda, under the influence of alcohol, engaged himself in a quarrel with the informant and hacked the informant as well as his wife with a dao, resulting in the death of Shanti Munda. It was also mentioned in the ejahar that the appellant had inflicted cut injuries on the head and left leg of the informant and thereafter, fled away.