KANCHA MUNDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal has been preferred from jail by the appellant against the Judgment and Order dated 22. 02. 2002 passed by the learned Addl. Sessions Judge, Sonitpur in Sessions Case No. 155/2000 convicting him under Section 302 IPC and sentencing him to RI for life and to pay a fine of Rs. 2000/- (Rupees two thousand) only in default of payment of fine further RI for another 6 (six) months.

(2.) "my father killed my mother by hacking with a dao inside the house" - the prosecution story runs with these words of allegations in the FIR. The informant, illiterate son of an illiterate father, a tea garden labourer, found his mother smeared with blood and lying dead on the bed inside the house and his father sitting near the dead body with a dao in his hand in the night of 27. 07. 2000, at around 1. 30 A. M. and on enquiry made, claimed the responsibility of killing his wife. The crime being registered as Biswanath Chariali P. S. Case No. 82/2000 under Section 302 IPC, investigation was made. The Investigating Officer visited the place of occurrence, seized the dao allegedly used by the accused in committing the crime, held inquest over the dead body and then sent the dead body to Behali Primary Health Centre for autopsy. After completion of investigation the charge sheet was laid against the accused, the offence being triable exclusively by Court of Sessions, it was committed to the Court of Sessions Judge, Sonitpur by the SDJM, Biswanath Chariali for trial. The accused pleaded not guilty and claimed to stand trial.

(3.) THERE is no eye witness to the occurrence except the account of scene described by PW 1, when he came, after the incident, home at around 1. 30 A. M. in the night to drink water and found his mother lying on a bed with her neck cut and accused father sitting there and keeping the dao on the ground who told the PW 1 that he had cut his mother. PW 1 went to the house of Gaonburah in that very night and returned home in the morning with the Gaonburah. Reaching home he found his mother lying on the bed in the same state and also his father near the dead body of his mother. In cross examination, PW 1, stated that on the day of occurrence when he and his sister were taking meal his father was not present at home and after the meal at around 8. 00 P. M. they went to sleep in others house. He himself went to sleep in the house of his friend, Kunu Saotal at a distance of half a mile and he came to his house for drinking water at around 1. 00 o'clock at night. He found his father crying with his clothes stained with blood. He also found the dao stained with blood. PW 1, further deposed in his cross examination that his father was mad since long and sometime he used to leave home and go away. His accused father had no quarrel with his deceased mother.