BUDHUA MUNDA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.04.2013 passed by the learned Additional Sessions Judge (FTC), Nagaon in Sessions Case No. 228/2007 convicting the accused appellant under Sec. 302 of the Penal Code and sentencing him to Rigorous Imprisonment for life and to pay fine of Rs.5,000.00, in default, to Rigorous Imprisonment for another 2 (two) months.

(2.) The prosecution was set in motion on the basis of an FIR lodged by the informant Harak Munda, inter-alia, alleging that on the night of 19.08.2007, while his son (the deceased) Maniram Munda was watching TV in the house of one Raju Bakti, his other son, the accused appellant Budha Munda entered into the room and after hacking Maniram Munda in his neck with a dao left that place and consequently, he died on the spot.

(3.) On the strength of the FIR, Samuguri P.S. Case No. 136/2007 under Sec. 302 Penal Code was registered and investigation started. During investigation, the Investigating Officer visited the place of occurrence, prepared sketch map, recorded statement of the witnesses, recovered and seized the weapon of offence, the dao on being shown by the accused appellant who surrendered in the Salana Patrol post on 23.08.2007. After completion of investigation, he submitted Charge-Sheet against the appellant under Sec. 302 IPC.