AFTAB H.SAIKIA, P.K.MUSAHARY
Kancha Munda – Appellant
Versus
State of Assam – Respondent
P.K. Musahary, J.
1. This appeal has been preferred from jail by the Appellant against the judgment and Order dated 22.02.2002 passed by the learned Addl. Sessions Judge, Sonitpur in Sessions Case No. 155/2000 convicting him under Section 302 IPC and sentencing him to RI for life and to pay a fine of Rs. 2000/- (Rupees two thousand) only in default of payment of fine further RI for another 6 (six) months.
2. "My father killed my mother by hacking with a dao inside the house"--the prosecution story runs with these words of allegations in the FIR. The informant, illiterate son of an illiterate father, a tea garden labourer, found his mother smeared with blood and lying dead on the bed inside the house and his father sitting near the dead body with a dao in his hand in the night of 27.07.2000, at around 1.30 A.M. and on enquiry made, claimed the responsibility of killing his wife. The crime being registered as Biswanath Chariali P.S. Case No. 82/2000 under Section 302 IPC, investigation was made. The Investigating Officer visited the place of occurrence, seized the dao allegedly used by the accused in committing the crime, held inquest over the dead body and then sent the dead b
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