ROBIJUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment dated 4.6.2004 passed by the learned Sessions Judge, Cachar, Silchar in Sessions Case No. 84/03 thereby convicting the accused/appellant under Section 302 of the IPC ('Code') sentencing him to undergo R.I. for life and to pay fine of Rs. 200, in default, to suffer R.I. for a further period of 10 days is the subject matter of this appeal from jail.

(2.) We have heard Mr. U. Das, learned amicus curiae for accused/ appellant and Mr. Z. Kamar, learned Public Prosecutor for the State of Assam.

(3.) The genesis of the trial of the accused/appellant along with his wife Musstt. Rongila Begum is traceable to the FIR lodged on 2.10.2001 by Md. Abu Bakkar All with the Officer in-charge, Sonai Police Out Post, under Sonai Police Station alleging that on that day, i.e., on 2.10.2001 at about 10 a.m. following an altercation between the deceased, Sonahar Ali, and Musstt. Rongila Begum over a duckling, the accused/appellant on being instigated by his wife above named assaulted his father (deceased) with a dao/dagger and killed him. On the basis of the aforesaid FIR eventually Sonai Police Station Case No. 307/01 under Section 447/302/114/34, IPC was registered and investigation was conducted by the police. Charge sheet was submitted against both the said accused persons and the case being committed to the Court of Sessions, the trial court framed charges against the accused persons under Section 302 of the Code. They denied the charge and claimed trial. The prosecution examined nine witnesses including the Doctor as well as the Investigating Officer. The statements of the accused persons were recorded under Section 313 of the Code, whereupon the impugned judgment and order was passed.