KOHIM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appellant being aggrieved by his conviction under Section 302 of the Indian Penal Code (hereafter for short referred to as the Code), by the judgment and order dated 19.05.2004 passed by the learned Sessions Judge, Goalpara in Sessions Case No. 39/2002, thereby, sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for Anr. three months, is in appeal for redress.

(2.) We have heard Mr. B.B. Narzary, Senior Advocate assisted by Mr. P.K. Brahma, Advocate for the accused-Appellant and Mr. K.A. Mazumdar, learned Public Prosecutor, Assam.

(3.) On a FIR dated 27.11.2001 lodged with the Officer-in-Charge, Dhupdhara Police Station, by one Md. Rashul Ali, alleged that at about 6 p.m. in the evening on the previous day i.e. 26.11.2001, the accused-Appellant had assaulted his father with a bamboo lathi, as a result whereof, he died. The FIR disclosed that the deceased before the incident had reached home in an intoxicated state and resorted to nuisance. It also mentioned about a confession made by the accused-Appellant before the public about the assault made by him on his father. Dhupdhara P.S. Case No. 66/2001, under Section 302 of the Code was registered and on the completion of the investigation, a charge sheet was laid against the accused-Appellant. The learned trial Court framed charge against him under the aforementioned provision of the Code, to which he pleaded 'not guilty'. The prosecution examined eight witnesses, including the Investigating Officer and the Doctor, who performed the post mortem examination. The defence did not examine any witness. The statement of the accused-Appellant under Section 313 of the Code of Criminal Procedure was recorded, and thereafter the learned trial Court convicted and sentenced him as above.