MAIPAI SINGH DAULAGUPU Vs. STATE OF ASSAM

JUDGEMENT

(1.) On behalf of the appellant an adjournment is sought for on the ground that the senior counsel is out of station. This is one such appeal for which a bench was required to be constituted that too at the instance of the appellant's counsel who claimed to have been aggrieved by the judgement dated 12.1.94 delivered in Criminal Hill Reference No. 3/92. Thereafter it was at the instance of the appellant that a Full Bench had to be constituted and by its judgment dated 16.12.94, a Full Bench of this Court held that notwithstanding the disposal of Hill Reference, by judgment dated 12.1.94 the appeal preferred by the accused-appellant could still be heard for which it has been listed today and surprisingly enough a prayer is made by the Amicus Curiae for adjournment. We decline to adjourn the appeal in view of the foregoing facts and appoint Miss M. Pradhan as the Amicus Curiae.

(2.) As held by the Full Bench in such cases it is the appeal which is to be first heard and decided, the question of confirmation of sentence in Reference arises later.

(3.) Before proceeding to deal with the submissions, a few basis facts of the prosecution case may now be noted : It was on 13.4.87 around 10 a.m. that the accused-appellant Maiphai Singh Daulagupu in broad-day-light chased Kashiram with a dao in his hand and dealt dao blows in his neck resulting in instantaneous death. The accused was overpowered and caught by police constable who was on duly in the bazar with the help of other members of the public. He was brought to the nearby police post. On being informed by W.T. Message, the O.C., Diphu Police Station came to the place of occurrence, arrested the accused and seized the incriminating article the dao. A case under Section 302 IPC was registered and taken under investigation. On completion of investigation the accused was charged and tried for the above offence. He pleaded not guilty to the charge. The prosecution examined as many as 10 witnesses to prove the charge. The trial court, rejecting the defence of the accused-appellant found Mm guilty of the offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life with the fine of Rs. 1,000/- or in default of payment of fine to suffer 30 days simple imprisonment.