BIJOY MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 22/12/2003, passed by the learned Sessions Judge, Sonitpur, in Sessions Case No. 26/2003. By the impugned judgment and order, the learned Sessions Judge, held the appellant guilty of the offence under section 302 of the Indian Penal Code (hereinafter referred to as the IPC ) and sentenced him to suffer imprisonment for life and pay a fine of Rs. 1,000/-, in default suffer rigorous imprisonment for another period of one month.

(2.) We have heard Mrs. RD Mazumdar, learned Amicus Curiae appearing for the appellant and Mr. Z. Kamar, learned Additional Public Prosecutor, for the State of Assam.

(3.) The prosecution case, as revealed at the trial, is that, on 28/2/2002, at about 5.00 P.M., the appellant assaulted Smt. Rampuri Gowala, (hereinafter called the deceased) i.e. the mother of the informant with a dao and thereby caused her death. Shri Ramlal Gowala, son of the deceased, lodged an FIR, on 28/2/2002, with the Police. The said FIR has been registered as Dhekiajuli P.S. Case No. 71/2002, under section 302 IPC.