JAGU HEMBRAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned counsel for the appellant Mr. M Dutta, and learned Amicus Curiae, Mr. B Baruah, and learned Additional Public Prosecutor, Ms. A Begum, appearing on behalf of the State of Assam.

(2.) This appeal is directed against the Judgment and Order dtd. 23/11/2020, passed by the learned Sessions Judge in Sessions Case No. 61 (U)/2015, convicting Jaggu Hembram (hereinafter, also referred to as the appellant or the accused), under Sec. 302 of the Indian Penal Code, 1860 (IPC, for short) and sentencing him to undergo imprisonment for life and a fine of Rs.5,000.00 with default stipulation and under Sec. 448 of the IPC and sentencing him to undergo imprisonment for a period of 6 months and a fine of Rs.1,000.00, with default stipulation.

(3.) The genesis of the case was that on 16/3/2014, at about 09:30 pm, the appellant called Gopi Hembram (hereinafter also referred to as the victim or the deceased) and asked him to come out of his residence and repeatedly attacked him with a dao. Gopin Hembram instantly succumbed to his injuries, while the appellant fled from the place of occurrence (PO, for short). Gopin's wife, Smt Marangmai Tudu raised alarm and the villagers gathered at the PO. On the following day, i.e., on 7/3/2014, Smt Marangmai Tudu (hereinafter also referred to as the informant) lodged an FIR with the Police, which was registered as Udalguri PS Case No. 330 of 2014, under Ss. 448/302 IPC.