GIRISH SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this appeal the appellant Shri Girish Saikia seeks to challenge the judgment dated 5-5-88 passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 147(S)/85 convicting the appellant under Section 304, Part II, I.P.C. and sentencing him thereunder to suffer R.I. for 10 years.

(2.) The prosecution case, in short, is that on 14-5-82 one Shri Lila Kanta Bora (P.W. 1) lodged a complaint at Chatia Police Station alleging, inter alia, that on 14-5-82 on Shri Gayan Bora and Shri Jiten Bora came and reported him that the appellant had assaulted his father (since deceased) and inflicted some injury. On receipt of the said information, P.W. 1 and 10/12 other villagers, including the persons mentioned therein, went to the house of the appellant and upon reaching there found that the deceased was lying on a bed and bleeding from him head. It was further stated in the said complaint that they found injury on the head of the deceased. Within about 10 minutes of the arrival of the P.W. 1 and other villagers in the house of the appellant, deceased succumbed to his injury. Thereafter being asked by P.W. 1 and other villagers as to how the incident occurred, the appellant informed them that in the previous night of 13-5-82 at about 11 p.m. he had an altercation with his father over some domestic matter and that the appellant struck his father (since deceased) on the head with a piece of bamboo.

(3.) On the basis of the said complaint, an FIR was registered at the said police station and after completion of the investigation, police submitted charge-sheet against the appellant under Section 302, IPC. In due course of time the case was committed to the Court of Sessions Judge. The Sessions Judge on perusal of the material on records, framed charge under Section 302, IPC against the appellant to which the appellant pleaded not guilty. In course of the trial, prosecution examined seven witnesses and defence examined none. On conclusion of the trial, the appellant was convicted and sentenced, as already stated.