GOSAI BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Sri Gosai Basumatary has been convicted under section 302 of the Indian Penal Code for causing homicidal death to his mother Ramani Basumatary and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5000/- and in default, to undergo simple imprisonment for six months.

(2.) The prosecution case, in brief, is that on 15.09.1990 at about 2.30 p.m. the accused/appellant had hacked his mother to death with an axe in the 'verandah' of their dwelling house. Sri Nanda Basumatary i.e. the brother of the accused had lodged an F.I.R. before the Officer-in-charge, Dokmoka Outpost, on the basis of which, GD Entry No.416 dated 15.09.1990 was made. The F.I.R. was then forwarded to the Officer-in-Charge, Howraghat Police Station. On receipt of the F.I.R., Howraghat P.S. Case No.164/90 was registered under section 302 IPC. Confessional statement of the accused was recorded under section 164 Cr.P.C. The I.O. had also recorded the statement of the witnesses and seized certain items by preparing seizure-lists. Upon completion of investigation, charge-sheet was submitted by the I.O. against the accused. Since the accused had pleaded not guilty and claimed to be tried, the matter was sent up for trial.

(3.) In order to establish the murder charge brought against the accused, prosecution side had examined nine witnesses including the Magistrate who had recorded the confessional statement of the accused/appellant under section 164 of the Cr.P.C. The accused was examined under section 313 of the Cr.P.C. Although the accused had denied the circumstances put to him, yet, in response to Question No.10, he has admitted to have killed his mother as she used to abuse him with filthy words. The accused/appellant has, however, declined to adduce any evidence in his defence.