ADIL TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B. K. Singh, learned Amicus Curiae appearing on behalf of the appellant and Mr. K. C. Mahanta, learned Public Prosecutor, Assam, for the State respondent.

(2.) THIS appeal is filed to challenge the judgment and order dated 28. 06. 2002 in Sessions Case No. 86/01, rendered by the learned Sessions Judge, Golaghat, whereby the accused/appellant has been convicted under Section 302 IPC and has been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 1,000/-, in default to pay fine, to undergo further rigorous imprisonment for another 2 months.

(3.) THE prosecution case as set out is that on the morning of 02. 10. 01, Sonatan Tanti, the husband of the deceased (Smt. Janmoti Tanti) had rebuked the son (Bhip Charan Tanti) for not performing domestic works in the house. The accused/appellant who was a neighbour protested Sonatan for rebuking his son and then left the house. Thereafter, at about noon time, the accused in a drunken condition returned to the house of Sonatan with a 'dao' in his hand and threatened to kill him. Seeing the accused with a 'dao', Sonatan Tanti left his house for informing others in the Tea Garden. In the meantime, the wife of Sonatan Tanti, Smti Janmoti Tanti (the deceased) came out from her kitchen and the accused/appellant (Adil Tanti) immediately assaulted her on the neck with the 'dao', causing her instant death. PW. 5 (Bhip Charan Tanti), son of the deceased was another occupant of the house at that point of time and was the only eyewitness of the occurrence. Immediately, after the assault, the husband, Sonatan Tanti returned to the house and he was informed about the assault made by the accused on the deceased by the son of the deceased, Bhip Charan Tanti. The accused/appellant left the house soon after assault but later on he was apprehended by his neighbours.