PRAFULLA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard. Mr. S.C. Kayal, learned Amicus Curiae appearing on behalf of appellant and Mr. Z. Kamar, learned Public Prosecutor.

(2.) This appeal is directed against the judgment and order dated 6/3/1998, passed by the Sessions Judge. Morigaon, in Sessions Case No. 17/97, convicting the accused appellant under Section 302 IPC to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000, in default, to undergo further rigorous imprisonment for 6 months.

(3.) The case of the prosecution in brief, be stated as follows: On 23/3/1997, at around 6.00 A.M., when the old victim couple, namely. Kesharam Nath and Kanduri Devi, enjoying warmth of fire in their courtyard, their son Sukuram Nath and grandson Prafulla Nath, the present appellant came to the house of the victim couple and hacked both of them with a dao (Khukri) causing instantaneous death.