BHARAT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. D. Mazumdar, learned Amicus Curiae and Mr. D. Das, learned P. P. Assam.

(2.) THIS criminal appeal has been preferred from jail by the appellant challenging his conviction and sentence so imposed by the learned Sessions Judge, Golaghat in Session Case No. 14/2000 by his judgment and order dated 15. 11. 2000 wherein the appellant having been found guilty of offence under Section 302 IPC was sentenced to suffer imprisonment for life and to pay a fine of Rs. 500. 00 in default further rigorous imprisonment for one year.

(3.) THE prosecution case in brief is that on 29. 07. 1997 at about 7 p. m. the appellant Bharat Das along with his two sons, Tingku and Babul came to the house of Shri Angad Das of Halmara Tea Estate under Golaghat Police Station in the District of Golaghat and hit at the door by an axe and having failed to open the door by an axe, the accused persons left the place by scolding the residents. At the relevant time Shri Angad Das was sleeping due to his illness. The deceased Seela Das wife of Shri Angad Das came out from her house carrying her baby infant on her lap along with another minor daughter P. W.- 2, Rupali to lodge an FIR with the Golaghat Police Station, Golaghat and while they were near the house of one Biren Singh Ghatowar all the three accused person gheraoed her and assaulted her with deadly weapons like dao, axe and khukri causing her death. The baby was found below the belly of the deceased mother. P. W. 2, Rupali accompanied her mother witnessed the entire incident and reported it to her father. The baby was taken out. They therefore went to the house of one Nagen Bora, Manager of Halmira Tea Estate to inform about the incident and said Nagen Bora lodged the ejahar on 29. 07. 97 narrating the entire episode.