JAHAN LAGUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 08.06.2007, passed by the learned Additional Sessions Judge, FTC, Biswanath Chariali, in Sessions Case No. 239/2005 whereby and whereunder the learned Additional Sessions Judge, Biswanath Chariali, convicted the appellant, namely, Shri Jahan Lagun (hereinafter called the "appellant") for committing the offence under Section 302 of the Indian Penal Code (in short, "IPC") and sentenced him to suffer imprisonment for life and pay fine of Rs. 3,000/- (Rupees three thousand), in default suffer rigorous imprisonment for 3(three) months for his conviction, under Section 302 IPC. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

(2.) We have heard Mr. R. Islam, learned Amicus Curiae, appearing for the appellant and Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent. We have also perused the materials, on records.

(3.) Prosecution case, in brief, is that on 16.09.2005, at about 9.00 p.m., the appellant visited the house of his step father, namely, Shri Rimish Lagun (hereinafter called, "deceased"), with a dao in his hand and caused death to his step father by inflicting dao blows on his person. Smti Priya Lagun (PW 1), wife the deceased lodged FIR with the police and the same was registered as a case under Section 302 IPC.