JUGIA ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 27. 1. 2001 passed by the Additional Sessions Judge-1, Tinsukia in Sessions Case No. 18 (T)/2001 convicting him under Section 302 of the Indian Penal Code and sentencing him to rigorous imprisonment for life and fine of Rs. 1000/-, in default, to suffer rigorous imprisonment for another six months, the appellant from jail has preferred this appeal.

(2.) WE have heard Mr. R. P. Sarmah, learned Amicus Curiae for the appellant and Mr. K. C. Mahanta, learned Public Prosecutor, Assam for the State of Assam.

(3.) THE prosecution case centers around the homicidal death of Sutu Orang, resident of Ara Gaon, husband of the informant Maloti Orang. On 23. 7. 2000 she lodged a complaint with the Officer-in-charge, Talap Out-Post stating that at about 7-30 P. M. on the previous day i. e. 22. 7. 2000 her husband who had gone out of the house did not return and on the next day i. e. 23. 7. 2000 at about 5 A. M. she detected his dead body lying by the side of the PWD road in front of their house with cut injuries on his head, hand and neck etc. caused by sharp weapon. She mentioned about a quarrel between her deceased husband and his nephew Jugia Orang son of late Chokora Orang over a land dispute and that the latter (Jugia Orang) had been trying to kill her husband with a dao. She therefore asserted that Jugia Orang had killed her husband.