DHRUBAJYOTI BARUAH @ DHRUBAJIT Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 15 -10 -2012, passed, in Sessions Case No. 50 (CH) of 2010, by the learned Sessions Judge, Tinsukia, convicting the accused -appellant, under Section 302, IPC and sentencing him, for his conviction under Section 302, IPC, to suffer imprisonment for life and pay a fine of Rs. 10,000/ - and in default of payment of fine, suffer rigorous imprisonment for a period of six months and, for his conviction under Section 324, IPC, undergo simple imprisonment for three months. This is claimed to be a case of matricide, wherein the accused -appellant, namely, Dhrubajyoti Baruah @ Dhrubajit, stands convicted for having murdered his mother, Hemaprabha Baruah, and also for having voluntarily caused hurt, by means of dao, to his wife Anita Baruah.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(3.) IN support of their case, prosecution examined altogether 7 (seven) witnesses and all these none official witnesses turned hostile and were subjected to cross -examination by both prosecution as well as defence. The accused was, then, examined under Section 313, Cr.P.C. and in his examination aforementioned, he denied that he had committed the offences, which were alleged to have been committed by him, the case of the defence being that of denial. No evidence was adduced by the defence.