BILAL UDDIN BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred from jail against a judgment and order dtd. 21/1/2020 passed by the Sessions Judge, Hailakandi in Sessions Case No. 08/2019 registered under Sec. 302 IPC with R.I. for life and a fine of Rs.10,000.00.

(2.) The criminal law was set into motion by lodging of an Ejahar by the PW1 on 30/7/2018 alleging, inter alia, that on the previous evening at about 6 p.m., his mother was assaulted by his step-brother (the appellant) leading to her death. It has been alleged that following a disagreement over of certain family issue, the appellant, with an intention to kill his mother assaulted her on various parts of her body by means of a lathi causing injuries and thereby killed her at the place of occurrence. He had accordingly raised a hue and cry and other members of the family had come to the place of occurrence and confined the accused whereafter the police had come and took the dead body of the mother as well as the accused to the police station.

(3.) Based on the aforesaid Ejahar , the formal F.I.R. was registered as Lala P.S. Case No. 331/2018 under Sec. 302 IPC. The investigation was accordingly done in which statements of the relevant witnesses were recorded, sketch map prepared, post-mortem done and after completion of the investigation, the charge sheet was laid before the learned Court. The charge was accordingly framed against the appellant and on its denial, the trial had begun in which the prosecution had adduced witnesses through 9 numbers of PWs.