BIREN BHUMIJ Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P. Bhattacharjee, learned Amicus Curiae appearing on behalf of the appellant as well as Mr. Z. Kamar, learned Public Prosecutor, Assam on behalf of the respondent.

(2.) The conviction of the appellant under section 302, I.P.C. and the sentence to undergo life imprisonment so handed down by the learned Ad hoc Additional Sessions Judge, Kamrup, Guwahati in Session Case No. 233 (K)/99 vide judgment and order dated 28.11.2001, has been challenged in this appeal by the appellant from jail.

(3.) The prosecution case in brief is that on 13.3.1999, the appellant having some altercation with his mother, Smt. Kaushalya Bhumij (hereinafter referred to as 'the deceased') over some domestic issue cut her into two pieces by hacking with a sharp 'dao' on her neck, as a result of which she died instantly at the courtyard of their house.