DIGANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appellant, being aggrieved by the judgment dated 8.9.05, passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 83(M)/2004, convicting him under Section 302 IPC and sentencing him to undergo imprisonment for life and also to pay fine of R & 1000/- in default of payment, Rigorous Imprisonment for one month, has filed the present appeal.

(2.) Heard Mrs. Anupama Devi, learned Amicus Curiae for the Appellant as well as Mr. D. Das, learned Addl. Public Prosecutor for the State.

(3.) The prosecution case as projected by the record is that on 4.2.04, in the morning at about 6:30 AM, the accused (Appellant herein) killed his mother by slaughtering her neck with a knife while living in a joint dwelling house situated at Stationpara, Digboi and the severed head was thrown in the nearby pond. The brother and sister-in-law of the accused who were also living in a separate room of the said dwelling house witnessed the crime and they informed about the incident to the Police Station. After apprehending the accused with a blood stained knife by S.I., K. Changmai, a written report was lodged by Dimbeswar Das, the brother of the accused, which was registered as Digboi PS Case No. 19 of 2004 under Section 302 IPC. During the course of investigation, the severed head was retrieved from a nearby pond at the instance of the accused. After completion of the investigation, a chargesheet was submitted on 13.3.04 against the accused.