(1.) (Oral) - Heard Mr. P.K. Deka, learned Amiens Curiae representing the appellant as well as Mr. K.C. Mahanta, learned PP, Assam appearing on behalf of the State.
(2.) This jail appeal has been directed against the judgment and order dated 2.5.2006 passed in Sessions Case No. 37(S)/ 2002 by the learned Addl. Sessions Judge (Ad hoc), FTC, Bongaigaon, whereby the appellant was found guilty of commission of offence under Sec. 302, Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 2000.00, in default, to undergo further imprisonment for six months. The appellant is also convicted under Sections 448/324, Penal Code and sentenced to undergo rigorous imprisonment (RI) for 3 years and RI for 1 year respectively.
(3.) The prosecution case, in brief, is that on 10.11.1994 at about 7 p.m., while Smt. Mose Soren (hereinafter referred to as "the deceased") and her husband Jharia Besra were taking meal, the appellant armed with a dagger entered their room (also used as a kitchen), and stabbed the deceased, as a result of which, she died instantly. While leaving the house the appellant also gave dagger blow to Lakhiram Soren's wife, Smt. Niru Mardi (PW 6) in the courtyard of the deceased's house, causing injuries in the right hand of Niru Mardi.