ROMESH BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Mahajan, learned counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State/respondent No.1 and Mr. U. Choudhury, learned Legal Aid Counsel appearing for the respondent no.2.

(2.) The challenge in this appeal is against the impugned judgment and order dtd. 5/10/2016 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 76/2015, by which the appellant has been convicted under Sec. 302 I.P.C. and sentenced to undergo rigorous imprisonment for life with a fine of Rs.5,000.00, in default, simple imprisonment for one month.

(3.) The prosecution case is that an FIR was lodged on 29/4/2015 by P.W.-2, who is the second wife of the deceased Biren Bora, to the effect that the appellant, who is the son of the deceased with his first wife PW-8, had killed the deceased around 8 p.m. on 28/4/2015. In pursuance to the FIR, Borpathar Police Station Case No. 43/2015 under Sec. 302 I.P.C. was registered and confessional statement of the appellant was taken under Sec. 164 Cr.P.C. As the I/O found a prima facie case under Sec. 302 I.P.C. against the appellant, he filed the charge-sheet.