KULAMAN BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral) - The appellant has filed this criminal appeal against his conviction under section 302 of the Indian Penal Code. On conviction, the appellant has been sentenced to undergo rigorous imprisonment for life. A fine of Rs. 100 has been imposed upon the appellant, and in default of payment he has been sentenced to undergo further imprisonment for a period of one month.

(2.) The appellant is alleged to have killed his nephew aged 17 years. In the present case the First Information Report was lodged by Smti Anna Borah, PW 3 on 15.4.95 at 9.30 AM in the police station alleging therein that the appellant assaulted her nephew in his head with a big rod and cracked his head in the field near his house. It is further stated that the deceased was aged 17 years and that he expired at 8 AM in the morning on 15.4.95. The incident is alleged to have taken place at 6 AM on 14th April, 95.

(3.) In order to prove the prosecution case, as many as 10 witnesses have appeared. However, the most relevant statement is of the mother of the deceased who has appeared as PW 2.