BIRKHA TAMANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 28.07.2017 passed by the learned Sessions Judge, Nalbari in Sessions Case No. 101/2012 under Sections 302/326/307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 5,000/-, in default, simple imprisonment for another terms for committing the offence under Section 302 of the IPC and to undergo rigorous imprisonment for 6 (six) years and to pay a fine of Rs. 3,000/-, in default, simple imprisonment for another period of 15 (fifteen) days for the offence under Section 326 of the IPC. The appellant also convicted to undergo rigorous imprisonment for 6 (six) years and to pay fine of Rs. 3,000/-, in default, simple imprisonment for another period of 15 (fifteen) days for the offence under Section 307 of the Indian Penal Code.

(2.) We have heard Sri Kaushik Goswami, learned Amicus Curiae for the appellant as well as Sri Makhan Phukan, learned Additional Public Prosecutor, Assam. The records, which were called for by us, have also been carefully examined.

(3.) Before proceeding any further with the judgment, it would be convenient to narrate the facts of the case in brief. An Ejahar was lodged on 10.05.2012 by one Sri Som Nath Sarma (PW2) before Nikachi Police Outpost under Mushalpur Police Station, alleging inter-alia that on 10.05.2012 at about 10.30 AM, the appellant has chased his mother-in-law, Phulmaya Tamang, with a khukri following an altercation, when she had reached the front yard of Sukraj Subba. The appellant, in presence of Sabita Subba, grievously injured his mother-in-law by cutting her neck with the khukri leading to her death. Thereafter, the appellant came to the courtyard of one Sri Ron Bahadur Tamang and grievously wounded Sri Lalit Neopane in various parts of his body with the khukri. While the wounded person was taken to the hospital, the appellant was also apprehended by the agitated public and the public assaulted him.