SEWAT RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.12.93 delivered by the Sessions Judge, Kamrup, Guwahati in Sessions Case No. 64 (K) 93 thereby holding the appellant guilty of offence punishable u/s 302 IPC and sentencing him to undergo imprisonment for life. Hence, this appeal from jail.

(2.) Initially Mr. A. Mannan, was appointed as Amicus Curiae, but when this appeal was taken up he could not possible appear as he has been empanelled as Advocate for the State Govt. Be that as it may, we requested Mr. T. Islam present in the Court to act as Amicus Curiae and he acceeded to our request.

(3.) The prosecution case in brief was that PW-6 Atul Rabha, a muster roll labourer, lived with his family comprising of mother, wife and son. On the fateful day i.e. 4.12.92 around 9 a.m. when he was out for his work, leaving behind his wife and mother and son Sanjoy PW-1, it is alleged that his wife hacked his mother to death by dealing repeated dao blows. The matter was reported to the police on the basis of which a case under Section 302 IPC was registered and taken under investigation. On completion thereof the accused was charged and tried for the above offence.