HIRANYA KANDHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal from Jail under Sec. 383, Code of Criminal Procedure, 1973 ['the Code' or 'CrPC', for short] is directed against a Judgment and Order dt. 11/1/2021 passed by the learned Sessions Judge, Udalguri in Sessions Case no. 83 of 2018. By the Judgment and Order dtd. 11/1/2021, the accused-appellant on being found guilty of the offence of matricide under Sec. 300 of the Indian Penal Code [IPC], has been sentenced under Sec. 302, IPC to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00, in default of payment of fine, to undergo simple imprisonment for further three months. It has been ordered that the period of detention, if any, already undergone by the accusedappellant during the course of investigation, inquiry or trial shall be set-off against the term of imprisonment in terms of Sec. 428, CrPC.

(2.) The investigation into the alleged crime of matricide was started on institution of a First Information Report [FIR] before the Officer In-Charge, Panery Police Station on 30/8/2017 by one Binoy Deka as the informant naming the accused as the perpetrator of the crime. In the FIR [Ext.-1], the informant had inter alia stated that in the morning hours on that day, that is, on 30/8/2017, the accused entered into an altercation with the elder sister of the informant, Dharmeswari Kandha who was the mother of the accused, over some domestic matter. The accused had, in the process, caused severe injury on her neck by hacking with a dao inside their house itself and as a result, the informant's elder sister met instantaneous death on the spot itself.

(3.) On receipt of the FIR, the Officer In-Charge, Panery Police Station registered the same as Panery Police Station Case no. 68/2017 [corresponding G.R. Case no. 1013/2017] for the offence under Sec. 302, IPC and entrusted the investigation of the case to one Prabin Chandra Deka [P.W.13], a Sub-Inspector of Police attached to Panery Police Station.