LINGU ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal is directed against the Judgment in Sessions Case No. 73(T) of 1999 passed by the Sessions Judge, Tinsukia, whereby the accused appellant Lingu Orang has been convicted under Section 302 IPC for causing death of one Sukhram and sentenced to imprisonment for life and fine of Rs. 500/- in default, further imprisonment for two months.

(2.) We have heard Ms. N. Hawelia, learned Amicus Curaie appearing for the accused appellant and Mr. B.S. Sinha, learned P.P., Assam.

(3.) The prosecution case as unfolded in the FIR lodged by one Birsa Munda is that at about 7-00 A.M. on 24.09.1998 he came to know from the nearby people, that some unknown persons have killed his younger brother Sukhram Munda aged about 35 years, by cutting him with a dao on his head and body. It was also stated in the FIR that the deadbody had been lying in front of the house of Malua Santu who is also a resident of the same area.