PHUNU HASDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae and Mr. B. Dutta, learned Additional Public Prosecutor.

(2.) This criminal appeal is directed against the judgment and order passed by the learned Additional Sessions Judge, Golaghat in Sessions Case No. 123/2015, whereby, the learned Additional Sessions Judge convicted the appellant under Section 302 I.P.C. and sentenced him to imprisonment for life and fine of Rs. 5,000/- (Rupees Five Thousand) with default stipulation.

(3.) As per prosecution case, on 29.01.2015 at about 02.30 p.m., the appellant picked up quarrel with the deceased Lebin Soren on some dispute relating to land and killed him by inflicting injury on his neck with a 'Dao'. An FIR was lodged by P.W.1, Bitikuri Hasda, on the basis of which, police registered Urimghat Police Station Case No. 04/2015 under Section 302 I.P.C. and commenced the investigation. During the investigation, police recorded the statement of the witnesses, prepared the inquest report, sent the body for Post-Mortem examination and the confessional statement of the accused was also recorded under Section 164 Cr.P.C.