KAILASH BHUMIJ Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appeal is from jail, who stands for trial in Sessions Case No. 66(T)/96 before the learned Sessions Judge, Tinsukia being G.R. Case No. 1685/95 under Section 302 IPC.

(2.) The appellant has questioned the legality and validity of the conviction and sentence passed by learned Sessions Judge, Tinsukia in Sessions Case No. 66(T)/96 convicting, the accused Kailash Bhumij under Section 302 IPC, to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- in default rigorous imprisonment for further period of two years.

(3.) The prosecution case was initiated on a verbal information made by one Ram Chandra Yadav on 1.12.95 at about 1.40 PM before the Investigating Officer i/c. informing him that one Kailash Bhumij had assaulted with a dao resulting in death of Bikram Bhumij. On receipt of the said verbal information he made G.D. Entry No. 6, dated 1.12.95. Thereafter, he proceeded to the place of occurrence, drew a sketch map and had seen a dead body of the boy lying on the road with cut injury. The head was almost severed from the trunk. He also held the inquest on the dead body of the deceased. The accused was handed over to the I/O on being produced by the villagers and he seized the dao, which was produced by the villagers. The I/O obtained the ejahar from the father of the deceased. On completion of the enquiry and after collecting post Mortem Report, he submitted the charge- sheer.