AMIT SABAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K Goswami, learned Senior Counsel and Amicus Curiae assisted by Mr. R Das, learned counsel for the appellant. Also heard Ms. S Jahan, learned Additional Public Prosecutor appearing for the State respondent.

(2.) This appeal has been filed against the judgment and order dtd. 30/11/2018 passed by the learned Additional Sessions Judge (FTC), Jorhat in Sessions Case No. 70(J-T)/2018, by which the appellant has been convicted under Sec. 302 IPC. The appellant was thereafter sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000.00, in default, simple imprisonment for 6 (six) months vide sentence order dtd. 6/12/2018.

(3.) The prosecution case in brief is that an FIR dtd. 14/1/2018 was submitted before the Officer-in-Charge of Titabor Police Station stating that on 13/1/2018, at around 11:30 pm, the informant's brother Sri Amit Sabar had called their father away from the house and killed him on the road near the house, by slashing his neck with a pruning knife. Pursuant to the FIR, Titabor P.S. Case No. 09/2018 under Sec. 302 of the IPC was registered against the appellant. After investigation was completed, charge-sheet under Sec. 302 IPC was submitted in the Court.