PALASH ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal is directed against a judgment dated 29th May, 2003, passed by the learned Additional Sessions Judge, Fast Track Court II, Krishnagar, Nadia, arising out of Sessions Case No. 70 (4) of 2002 convicting the appellant under section 302 of the Indian Penal Code and an order dated 30th May, 2003, by which the appellant was sentenced to suffer rigorous imprisonment for life as also to pay a fine of Rs. 3000/-; in default to suffer rigorous imprisonment for a further period of six months for the offence punishable under section 302 of the Indian Penal Code. The prosecution case, in brief, is as follows :

(2.) ATUL Roy and his wife Smt. Anima Roy had two sons. The accused Palash Roy is their younger son. Atul Roy was suffering from ulcer in his leg. His wife, Smt. Anima Roy, was suffering from cardiac disease. In order to meet the expenses of treatment, Atul Roy wanted to sell his dwelling house. His younger son, Palash Roy, was opposed to this idea. This had become a source of continuous contention between the father and the son. On 14th December, 2001, at about 8 A. M. there was a dispute between the father and the son. There was no other family member in the room where they were quarreling. The son, Palash Roy, assaulted the father with a hammer. He thereafter slited his throat and also assaulted him with a piece of bamboo. As a result he died. Palash Roy was charged under section 302 of the IPC for committing murder of his father, Atul Roy. The learned Trial Judge has found him guilty. The convict has now come up in appeal.

(3.) BEFORE we consider the submissions of Mr. Thakurdas Roy Choudhury, the learned counsel, appearing in support of the appeal, and Mrs. Shilpi Sengupta, appearing for the State, we would like to scan the evidence on the record.