RABI TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment dated 31.5.91 passed by the Sessions Judge, Jorhat in Sessions Case No. 7 (J-J) of 1991 thereby holding the appellant guilty of offence punishable under Section 302 IPC and 307 IPC and sentenced him to undergo imprisonment for life with fine of Rs. 1000/- and 3 years R.I. with fine of Rs 2000/- or in default, to suffer 2 years R.I. respectively. The appellant was charged on two counts. Firstly, for intentionally causing death of his mother on 14.3.89 about 6.30 p.m. at Toklai Rajbari under Jorhat Police Station and charged under Section 302 IPC, and secondly for charge u/s 307 IPC for having assaulted his father Damu Tanti with such intention/knowledge and under such circumstances that by the act if he would have caused death of his father, he would have been guilty of murder.

(2.) Prosecution case: stated in brief was that on the fateful day i.e. 14.3.89, the accused appellant returned home from the tea garden after his days work. It appears that he was drunken. At that time, it was his father alone who was present in the house while his mother had gone in the neighbourhood. The appellant asked for meal and he was asked by his father to wait a while in the meanwhile he would cook rice for him. This enraged the appellant and he took out a dao from the bamboo wall and started assaulting his father who in his bid to ward of the dao blows, raised his hands and they got cut. One of the dao blows fell on his head but he somehow managed to escape. But he was chased by his son, the appellant. Hearing alarm the neighbours gathered and Damu was taken inside of a neighbouring house for safety. Sukmani, his mother hearing hue and cry rushed to her husband's rescue. She was also assaulted by the appellant. In the meantime, somebody, informed police on phone and police also appeared at the scene, the injured couple was rushed to hospital for treatment where Sukmani succumed to the injuries while Dama continued under treatment which lasted for a couple of days but he got discharged as a result of the death of his wife.

(3.) On completion of the investigation the accused was charged and tried for the above offence, The trial Court rejecting his defence plea of being under influence of 'Mantra Tantra' practised by his sister's father-in-law Kumar Tanti, DW 1, found him guilty on both the count and convicted and sentenced him as noted above. Hence, this appeal.