JUWAKIN KHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Juwakin Kharia has been convicted under Section 302 of the Indian Penal code and sentenced to imprisonment for life and fine of Rs. 3,000/ - for the murder of Thomas Orang.

(2.) The victim Thomas Orang was cousin of the appellant.

(3.) According to the prosecution case, on 23.12.2012, during winter at about 6 PM, Thomas Orang and appellant were warming themselves near the fire at the latter's residence. Suddenly, appellant dealt one blow with an axe on the back of head of Thomas Orang. Thomas Orang was carried to the hospital, where he was declared dead. An Ejahar of the incident was lodged at Police Station Pengree by Pascal Orang (PW -1), bother of Thomas Orang, on the same day, at about 11.30 a.m., wherein he named appellant as assailant of Thomas Orang. The police referred the body of Thomas Orang for post -mortem examination. The police also arrested the appellant from his house. According to post -mortem report, the cause of death of Thomas Orang was homicidal due to injury on the head. The police, after investigation, charge sheeted the appellant for an offence under section 302 of the Indian Penal Code.