ARUN BORAH @ TUTU Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. U. Choudhury, for the appellant and Mr. B.J. Dutta, learned Addl. P.P., Assam for the respondents.

(2.) This appeal is directed against the judgment and order dated 09.05.2017 passed by the learned Additional Sessions Judge, Golaghat in Sessions Case No. 04/2016. 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. 2,000/- with default stipulation.

(3.) The prosecution case, as unfolded in the FIR was that on 15.12.2015, at about 6 PM, when the appellant Arun Borah was beating his minor children in his house, the victim went there hearing cry of the children, whereupon the appellant inflicted injuries to the victim by hacking him with a hoe and later on, the victim succumbed to the injuries. PW-2, the son of the victim lodged the FIR (Ext.2), on the basis of which, police registered Golaghat P.S. Case No. 1372/2015 under Section 302 IPC. During investigation, police recorded the statement of the witnesses, prepared inquest report, seized the alleged weapon of offence and sent the body for postmortem examination. PW-12, Dr. Dipak Dutta conducted the postmortem examination on the body of the victim, who found the following injuries.