JUDGMENT :

Sanjay Kumar Medhi, J.

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 (PW-2) 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.

4. On the basis of the aforesaid Ejahar, Nikachi Outpost G.D.E. No. 117 dated 10.5.2012 was recorded and Mushalpur P.S. Case No. 36/2012 under Sections 302/326/307 of the Indian Penal Code was registered. The offence in question being session triable, the matter was committed to the Court of the learned Sessions Judge, Nalbari.

5. Ms. Sabita Subba was examined as PW-1, who deposed that she has seen the appellant chasing the deceased with a khukri in his hand and she has raised a hue and cry and gone out to call the villagers. On returning home after about 2 hours, she has seen a lot of people gathering in the courtyard and could know that the appellant had cut his mother-in-law leading to her death.

In her cross-examination, she has clarified that she was a witness only to the chasing part and did not see the actual assault.

6. Sri Som Nath Sarma, the informant, was examined as PW-2, who deposed that on getting the information about the occurrence over phone, he had gone to the police station and, thereafter, to the place of occurrence with the police and saw the dead body. He deposed that he heard from the people that the appellant had committed the offence. The police had seized a sheath along with the khukri. He deposed that he has lodged the Ejahar and had also signed the Seizure Lists (Ext.2 and Ext.3).

He, however, admits in the cross-examination that the Ejahar was lodged by him in the capacity of being a village Headman and he had not seen the occurrence.

7. Sri Sona Ram Gayari was examined as PW-3. He deposed that his brother-in-law, Ron Bahadur Tamang, had come and informed him regarding the incident and that the appellant was chasing him and some other people where after this witness had gone there and he along with the other people caught the accused and handed over him to the police.

8. Sri Ram Bahadur Tamang was examined as PW-4. He deposed that the accused had come to his house with a khukri in his hand and out of fear, he had run and informed one