DEBESWAR BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail witnesses a challenge to the judgment and order dated 10.3.2005 passed by the learned Sessions Judge, Jorhat in Sessions Case 9(J-J)/2004 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short, hereinafter referred to as 'the Code') and sentencing him to suffer imprisonment for life and also to pay a fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for further three months.

(2.) We have heard Mr Ajoy Phukan, learned amicus curiae for the appellant and Mr Z Kamar, learned Public Prosecutor for the State respondent.

(3.) The information laid with the Officer-in-Charge, Titabor Police Station vide the FIR dated 20.6.2003 reveals a revolting episode. It was alleged therein that the appellant at about 1.30 p.m. of the date of information i.e. 20.6.2003 had cut his son Biki aged about 11/2 years to death and was intercepted while he was preparing to bury the dead body by digging a pit. The informant is the mother of the murdered child and the wife of the accused/ appellant.