BADAL GOALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Dhar, learned Amicus Curiae appearing for the appellant, while Ms. S. Jahan, learned Additional Public Prosecutor appears for the State.

(2.) This appeal has been filed against the judgment and order dtd. 27/9/2019 passed by the Sessions Judge, Hailakandi in Sessions Case No.69/2016 arising out of Lala P.S. Case No.145/2013, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default rigorous imprisonment for 2 (two) months.

(3.) The prosecution case in brief is that PW-2, who is the son of the deceased submitted an FIR before the Bilaipur Police Out Post, Lala Police Station on 30/7/2013, stating that the appellant had waylaid his father in front of the appellant's house and had started hacking his father with a sharp dao. Hearing his screams, a lot of people arrived at the place of occurrence. The complainant thereafter took his father to Silchar Medical College and Hospital where his father died, while under treatment. Consequent to the FIR, Lala P.S. Case No.145/2013 was registered under Sec. 341/302 IPC. Charge-sheet was filed wherein a prima facie case was found against the appellant under Sec. 341/302 IPC. The learned Trial Court framed 2 (two) charges against the appellant under Sec. 341/302 IPC.