KAILASH ORANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.06.2011 passed by the learned Addl. Sessions Judge, FTC No. 1, Tinsukia in Session Case No. 85 (T)/2009 convicting the accused, namely, Sri Kailash Orang (herein after referred to as the 'accused person') of offence u/s. 302 IPC and sentencing him to suffer imprisonment for life and also to pay a fine of Rs. 1000/- i.d. R.I. for another 1 month for the offence aforesaid. Being aggrieved and dissatisfied with the aforesaid judgment the accused/appellant has preferred this appeal citing several infirmities in the judgment under challenge.

(2.) We have heard Mr. M.B.U. Ahmed, learned Amicus Curiae for the appellant and also heard Ms. S. Jahan, learned Addl. P.P., for the State.

(3.) The brief facts necessary for disposal of the present appeal are that on 13.02.2008, one Dr. Apurba Kr. Borthakur (PW 9) lodged an FIR with the O/C, Tinsukia PS. alleging that Bikash Orang aged about 2 years, who was the son of the accused Sri Kailash Orang, was brought to Tinsukia Civil Hospital on 13.02.2008 at about 8.45 a.m. It was stated in the FIR that said Bikash Orang was found sustaining huge cut wound on his head, which was said to be inflicted by his father Sri Kailash Orang.