TANKESWAR ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Tankeswar Roy, being aggrieved by the judgment dated 30.6.2006 passed by the learned Sessions Judge, Barpeta, in Sessions Case No. 41/2004 (GR Case No 192/2003), convicting the appellant under Section 302, IPC, and sentencing him to undergo RI for life with a fince of Rs. 1,000 in default to suffer RI for another one month, has filed the present appeal.

(2.) We have heard Ms. Rita Das Mazumdar, learned amicus curiae and Mr. Z. Kamar, learned P.P., Assam.

(3.) The prosecution case in short for final disposal of the present appeal as it appears from the Ejahar, Ext-1, submitted by one Ratneswar Das, with the in-charge Pathsala Out Post under Patacharkuchi Police Station that on 9.10.2003 the said Ratneswar Das, was informed by the Panchayat President and some residents of the village Bargunari that the accused Tankeswar Roy, late in the night about 2.30 a.m. killed his son in his own house with the help of a dao over some family dispute. After receiving the information, the police registered the first information report and proceeded with the investigation. The prosecution case further reveals that the accused produced a sharp cutting dao and confessed his guilt before the police. After the information was received by the police, the body of the deceased was seized and was sent for Post Mortem. Other steps in the investigation were also taken, statements of number of witnesses were also recorded.