BEDILAL CHAUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Hasan, learned Amicus Curiae. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

(2.) This criminal appeal is preferred against the judgment and order dtd. 21/5/2019 passed by the learned Additional Sessions Judge, Fast Track Court, Hojai, in Sessions Case No. 32/2018 whereby, the appellant has been convicted under Ss. 302/201, IPC 1860 for committing the murder of Sebaklal Chauhan and sentenced to undergo rigorous imprisonment for life and a fine of Rs.10,000.00 (Rupees Ten Thousand Only) under Sec. 302 IPC, 1860 and in default of payment of fine to undergo simple imprisonment for 3 (three) months and rigorous imprisonment for 3 (three) years with a fine of Rs.5,000.00 (Rupees Five Thousand only) under 201, IPC and in default to undergo simple imprisonment for 3 (three) months. The sentences to run concurrently.

(3.) The prosecution case, in brief, is that an ejahar was lodged by one Sri Bharatlal Chauhan alleging that on 30/4/2018 at around 9 a.m. his brother Bedilal Chauhan forcefully took away his six years old boy namely, Sebaklal Chauhan from his courtyard from jhulna while he was sleeping. The accused took his minor son near to his vegetable garden of his house and assaulted him on his head with a spade and caused him death and then he fled away from the place of occurrence.