JUDGMENT

Suman Shyam, J. - Heard Mr. F.H. Laskar, learned counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State. None has appeared for the respondent no. 2.

2. The sole appellant Bijoy Orang was convicted under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 30,000/- with default clause for committing murder of Budhni Orang.

3. The prosecution case, in brief, is that on 15/08/2010, the accused had hacked the deceased Budhni with a dao in front of her house after suspecting her to be a Witch.

4. On 15/08/2010, an ejahar was lodged with the Officer-in-Charge of Halwating Police Station in the district of Sivasagar, based on which Halwating PS Case No. 43/2010 was registered under Section 302 of the IPC. The matter was then investigated by the Police. After recording the statement of the witnesses and upon completion of investigation, the Police had submitted charge sheet, based on which, charge was framed against the appellant under Section 302 of the IPC. Since the appellant had pleaded not guilty to the charge, the matter went up for trial.

5. There is no eye witness to the inciden