SUNU MURA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 19.6.2015 passed by learned Sessions Judge in Sessions Case no. 211 (T) of 2014 convicting the appellant under Sec. 302 I.P.C. and sentencing him thereby to undergo imprisonment for life with fine of Rs. 1000.00, in default of payment of fine further rigorous imprisonment for one month.

(2.) This is a case of matricide and the appellant was charged for committing murder of his own mother. On 9.4.2014 at around 8 p.m. the accused inflicted beer bottle blows on the head and legs of his mother Manju Mura felling her on the ground. She was immediately taken to Tinsukia Civil Hospital but she succumbed to injuries at around 11 p.m. on the same day while undergoing treatment. V.D.P. President Ajay Kumar Tasha lodged the FIR on 12.4.2014 and on the basis of the his FIR, Tinsukia P.S. Case No. 292/2014 under Sec. 302 I.P.C. was registered. The inquest on the dead body was conducted on 9.4.2014 on the basis of Tinsukia P.S. Civil Hospital P.Post GDE no. 94 dated 9.4.2014 and was subjected to post mortem examination on 9.4.2014 itself. On completion of investigation charge-sheet u/s 302 I.P.C. was submitted against the accused.

(3.) The accused pleaded not guilty to the charge framed against him u/s 302 I.P.C. and claimed to be tried. The prosecution examined 8 witnesses in all. The accused in his statement recorded under Sec. 313 Crimial P.C. stated that he threw the beer bottle towards a crowd and he did not know who sustained injury. He declined to adduce any defence evidence.