PITAM BHUMIJ AND OTHERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Talukdar, learned Amicus Curiae representing the Appellant from jail as well as Mr. K.C. Mahanta, learned P.P., Assam.

(2.) This Criminal Jail Appeal has been directed against the judgment and order dated 24.2.2003 passed by the learned 1st. Additional Sessions Judge (Adhoc), Sivasagar in Sessions Case No. 164 (S-Q/08 whereby the Appellants were convicted under Stations 448/302/34, Penal Code and sentenced to pay a fine of Rs. 500.00 each for the offence under Sec. 448 , IPC, in default, simple imprisonment for one month and to suffer imprisonment for life and to pay a fine of Rs. 2000.00, in default, rigorous imprisonment for another six months for the offence under Sections 302/ 34, IPC.

(3.) It was alleged in the F.I.R. lodged on 23.6.1998 by one Smt. Sarati Kishan, PW-1, wife of Shri Gunindra Kishan with Sapekhati Police Station that on 22.6.1998 at about 6 p.m. the accused namely 1. Sri Pitam Bhumij, 2. Smt. Beli Bhumij, 3. Shri Laksheswar Bhumij and 4. Shri Ram Bhumij surrounded their house, broke the door and walls of the house and entered into the room. They hit her husband Shri Gubinda Kishan (hereinafter called as 'the deceased') with dao and spear and dragged him out of the house and killed him by hacking him in his head with dao. Then they dragged him to the pond and felled him into the water.