ARJUN TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Barman, amicus curiae for the accused/appellant and Mr. P. Bora, learned Public Prosecutor for the State.

(2.) The prosecution case in brief is that on 13.12.93 an FIR was lodged at Biswanath Chariali Police Station to the effect that on the night of 12.12.93 at about 9 P.M., one Babulal Tanti was inside his house and at that time his son Arjun Tanti accused/appellant herein inflicted severe injuries on him with an axe.

(3.) The case was originally registered u/ s 326 IPC being the case No. 204/93 at Biswanath Chariali Police Station. Subsequently the injured Babulal Tanti succumbed to the injuries and Section 302 IPC was added to the case. A charge Sheet was submitted and the case was committed to the court of Sessions for trial. On completion of the trial, statement of accused/appellant u/s 313 Cr.P.C. was recorded and the learned Additional Sessions Judge, Sonitpur by the impugned judgment dated 30.1.97 in Sessions Case No. 23(S)96. u/s 302 IPC (corresponding to G.R. Case No. 596/93 convicted the accused/appellant u/s 302 IPC and sentenced him with imprisonment for life and also a fine of Rs. 2000/-. In default another 2 months rigorous imprisonment. Aggrieved by the said sentence and conviction, the accused/appellant preferred this appeal before this Court.