DEPON SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment dated 30.9.2005 passed by the learned Adhoc Addl. Sessions Judge, Lakhimpur at North Lakhimpur in Sessions Case No. 136(NL)/03 by which the appellant was convicted of the charge of murder of his father punishable u/s 302 of the IPC and was sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs.500/- and in default of payment of fine, to undergo Rigorous Imprisonment for a period of another 6(six) months.

(2.) On 12.12.2002, an ejahar was lodged by the wife of the deceased, Ribonath Saikia stating that her husband had come to Dhalpur on 10.12.2002 at around 7.00pm. However, thereafter, even after making a search he could not be found. It is reported in the said ejahar that at around 10 am on 12.12.2002, some unknown miscreants had killed him by stabbing with a dagger and felled him in the road side ditch along PWD road near Pisola river. After receipt of the aforesaid ejahar at 4.00pm of the same day, a case was registered and an investigation by the police was set into motion.

(3.) After the aforesaid investigation was initiated, the police went to the place of occurrence where the dead body of the deceased Rubinath Saikia was found lying on the road side ditch. Inquest was held over the dead body which was later sent for post mortem examination.