LAWS(GAU)-2023-7-40

LENA BASUMATARY Vs. STATE OF ASSAM

Decided On July 28, 2023
Lena Basumatary Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. R. Dhar, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the judgment and order dtd. 14/2/2019 passed by the learned Additional Sessions Judge, Bijni in Sessions Case No. 62(B)/2018, whereby the accused/appellant was convicted under Sec. 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default simple imprisonment for two months.

(3.) The case of the prosecution is that the informant lodged an FIR on 3/9/2009 stating inter alia that on that day at around 5 p.m. while his father and the appellant were roaming around together and thereafter, they went to the house of the accused/appellant, where an altercation took place followed by a quarrel between them. Then the accused/appellant suddenly stabbed his father on various parts of his body with a dagger causing grievous injury on his person as a result of which his father became unconscious and was kept lying in the house of the accused. The accused fled away from the place of occurrence after stabbing his father. Later on, the villagers took his father to Swagat Hospital, Bongaigaon but he died after his arrival at the hospital.