SRIPRASAD ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mrs. R. Borbora, learned amicus curiae for the appellant and Mr. Z. Kamar, learned P. P. representing the State of Assam.

(2.) THE conviction of the appellant under Section 302, IPC and sentence to undergo rigorous imprisonment for life and a fine of Rs. 1,000/- under Section 324, IPC in default of which to undergo simple imprisonment for one month so handed down by the learned Additional Sessions Judge, Tinsukia in Sessions Case No. 76 (T)/01 have been assailed in this criminal appeal (Jail ).

(3.) THE prosecution case in brief, as disclosed on the FIR lodged by Smti Hariar Orang, PW 1 with the officer-in-charge, Bordubi Police Station is that on 26. 9. 2000 at about 11 a. m. , her nephew accused Sri Prasad Baldev of Line No. 16 of Itakhuli Tea Estate killed her husband Ghursai Orang and her 12 years old daughter Srimati Orang by means of one spade on the road in front of her house. Moreover he caused grievous injuries to her daughter-in-law, Smti Rajia Orang, PW 2 by assaulting her with the spade and she was under medical treatment. On the basis of this FIR investigation ensued.