MITKU ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, Mitku Orang having been convicted under Section 302 I. P. C. and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 2,000/-, in default, further simple imprisonment for another two months vide judgment and order dated 14. 3. 2002 passed by the learned Additional Sessions Judge-2, Tinsukia in Sessions Case No. 120 (T)/2001, has preferred this criminal appeal from jail.

(2.) WE have heard Ms. R. D. Mazumdar, learned Amicus Curiae on behalf of the appellant and Mr. P. C. Gayan, learned Public Prosecutor representing the State.

(3.) THE prosecution case in brief is that one Chancheria Orang received a sum of Rs. 550/- from Ratan Orang (hereinafter referred to as the 'deceased') and promised to supply him bamboos for construction of his house. When the deceased went to bring bamboos from bamboo groves, Chancheria Orang assaulted him. After 3/4 days on 10/3/01 at about 10-00 PM the accused Chancheria Orang, the appellant and his brother Mitku Orang entered into the house of the deceased and dragged him out and assaulted him by means of bamboo lathi and left the place. Smt. Tulsa Orang, wife of the deceased, immediately shifted her injured husband to garden hospital with the help of others. Later on the deceased succumbed to the injuries sustained in hospital. An FIR was lodged by Smt. Tulsa Orang. On the basis of such information a case in bordubi Police case was registered under Sections 302/34 I. P. C.