ABUL BASHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant criminal appeal, preferred under Sec. 374[2], Code of Criminal Procedure, 1973 ['the Code' or 'CrPC', for short], is directed against a Judgment and Order dtd. 31/5/2017 passed by the learned Sessions Judge, Morigaon in Sessions Case no. 161 of 2015. By the Judgment and Order dtd. 31/5/2017, the learned Court of Sessions, Morigaon has convicted the accused-appellant under Sec. 302 of the Indian Penal Code [IPC] and the accused-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.30,000.00, in default of payment of fine, to undergo simple imprisonment for one year.

(2.) It was on 30/6/2015, a First Information Report [FIR] was lodged by one Mainul Hoque as the informant before the Officer In-Charge, Bheloguri Police Station stating inter-alia that at around 09-30 p.m. on 29/6/2015, the father of the informant, Giyas Uddin, aged about 70 years, was sitting inside his house. At that time, the accused-appellant, who was informant's brother, killed his own father, Giyas Uddin by stabbing him on his back, chest and hands with a dagger.

(3.) On receipt of the FIR, the Officer In-Charge, Bheloguri Police Station registered the same as Bheloguri Police Station Case no. 37 of 2015 under Sec. 302, IPC on 30/6/2015 and took up the investigation of the case himself.