LAKHESWAR TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.J. Saikia, learned amicus curiae for the appellant and Ms. S. Jahan, learned Addl. P.P., Assam for the respondents as well as Mr. A.K. Saikia, learned counsel appearing for the informant.

(2.) This appeal is directed against the judgment and order dated 12.07.2018 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 83(J-J)/2017. By the said judgment, the learned Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to imprisonment for life and fine of Rs. 20,000/- with default stipulation.

(3.) As per the prosecution case, on 12.01.2017, at about 2.30 PM, the appellant had heated argument with his father (the victim) and in course of such argument, he inflicted injuries to the deceased with a hoe, which led to his death. The FIR (Ext.3) was lodged by PW- 2, wife of the deceased, on the basis of which, police registered Jorhat P.S. Case No. 89/2017 under Section 302 IPC and commenced investigation. During investigation, police recorded the statements of the witnesses, prepared inquest report and sent the body of the deceased for postmortem examination. The postmortem examination was conducted by Dr. Swaraj Phukan (PW-5).