DIPAK PAHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an unfortunate case in which the two minor children witnessed their father being killed mercilessly by giving blows with a dao.

(2.) This appeal is directed against the judgment and order dated 9.9.1999, passed by the learned Sessions Judge, Golaghat, in Sessions Case No.49/ 1997, convicting the accused-appellant under section 302 IPC and sentencing Mm to suffer imprisonment for life and also pay a fine of Rs.5,000/- and, in default, to suffer rigorous imprisonment for a further period of one year,

(3.) The case of the prosecution, as unfolded at the trial, may in brief, be described as follows : On 18.3.96 at about 3.30 PM, while the deceased, Monglu Bhuyan, accompanied by his two minor children, namely, Modan and Pradip, was going to the field, accused-appellant, Dipak Paharia, followed him and attacked with a dao from back side and killed him at the spot. The two minor children tried to remove the blood from the cut injuries of their father with a piece of cloth and, then, ran to their uncles' house and reported the occurrence to their uncles, whereupon, their uncles, Mogha, Bhadra and others, came to the place of occurrence and found Monglu lying dead. Mogha went to Borpathar Police Station and lodged there a written FIR. Police visited the place of occurrence, seized the dao, which was found lying near the dead body at the place of occurrence, held inquest over the dead body, arrested the accused and, on being forwarded to the Court, the accused made a judicial confession. On completion of the investigation, police laid charge sheet against the accused under section 302 IPC.