ANIL ORANG BABU Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order, dated 28.9.2005, passed by the learned Additional Sessions Judge No. 2 (Ad-hoc), Tinsukia, in Sessions Case No. 113(T)/2004, has been challenged by the convicted person, as appellant, by filing this appeal from the Central Jail, Dibrugarh. By the impugned judgment and order aforesaid, the learned Sessions Judge, convicted the appellant, namely, Shri Anil Orang @ Babu under Section 302 of the Indian Penal Code (for short, 'IPC') and sentenced him to surfer imprisonment for life and pay fine of Rs. 3,000/-(Rupees three thousand) only, in default, suffer rigorous imprisonment for another period of 3 (three) months. We have heard Ms. P. Chakraborty, learned Amicus Curiae, appearing for the appellant and Mr. Z. Kamar, learned Public Prosecutor, appearing for the State respondent.

(2.) The prosecution case is that, on 31.03.2004, the appellant had killed his father, Shri Lajho Urang (hereinafter called as 'the deceased') assaulting him with rod. The deceased was shifted to hospital for treatment, but he succumbed to his injuries. The Medical Superintendent of Doom Dooma India Division, Hindustan Lever Limited, Doom Dooma, Assam (PW-1), in whose hospital, the deceased was admitted, lodged the FIR (Ext. 1) with the Officer-in-Charge, Doom Dooma Police Station. On receipt of the said FIR, police registered a case, on 3.4.2004, being Doom Dooma PS. Case No. 78/2004 under Section 302 IPC.

(3.) At the close of investigation, police submitted the charge sheet under Section 302 IPC against the appellant and forwarded him to the Court to stand trial. The offence being exclusively triable by the Court of Session, the case was committed and accordingly, the learned Additional Sessions Judge framed charges under Section 302 IPC, to which the appellant pleaded not guilty and claimed to be tried.