GANESH NAG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Ganesh Nag has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation for committing the murder of his mother Kunti Nag. The appellant has also been convicted under Section 307 of the Indian Penal Code for attempting to commit the murder of his father Hari Charan Nag (PW 1) and sentenced to rigorous imprisonment for two years and fine of Rs.2000/- with default stipulation. Both the jail sentences have been ordered to run concurrently.

(2.) According to the prosecution case, Kunti was wife of Hari Charan. Appellant and Manish (PW 2) are their sons, whereas Rani Nag (PW 4) is their daughter. All of them lived together. Appellant and Manish helped Hari Charan in running the Hotel business by sitting in the Hotel. The appellant, however, became alcoholic and often used to misbehave with the customers coming to the Hotel.

(3.) Dr. Debojit Gogoi (PW 15) conducted the post mortem on the dead body of Kunti. According to the post mortem examination report (Exhibit-10) prepared by him, he found three lacerated wounds with fracture on skull bone of Kunti. Dr. Debojit Gogoi opined that the death of Kunti resulted due to head injuries which were caused by blunt object.