DIPEN NAGBONGSHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. De, learned Amicus Curiae, appearing for the appellant. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/ respondent No.1. None has appeared for the informant.

(2.) The instant appeal has been filed assailing the judgement and order dated 03/05/2018 passed by the learned Sessions Judge, Jorhat in connection with Sessions Case No. 50 (J-J)/2017 convicting the sole appellant under Section 302 of the IPC for committing murder of his father Hatiram and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs. 20,000/-, in default, to undergo rigorous imprisonment for another six months for committing the offence under Section 302 of the IPC and also to suffer rigorous imprisonment for three years with fine of Rs. 5000/- with default stipulation for committing the offence under Section 201 of the IPC.

(3.) The prosecution case, in a nutshell, is that on 17/03/2017, Sri Jiten Nagbongshi (PW-9) had lodged an ejahar in the Madhapur Police Outpost informing that on the previous day, at around 12 noon, the accused Dipen Nagbongshi was raising a plinth to construct a new house and all of a sudden, he dealt a blow on the head of his father Hatiram with a "hoe" with which he was working, as a result of which, the later sustained grievous injuries and died. Later on, the accused had dug a pit on the plinth of the new house and buried the dead body.