TUBU CHETIA Vs. STATE OF ASSAM,

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302 of the Penal Code by the Sessions Judge, Lakhimpur. The appeal is from jail.

(2.) THE facts of the case are as follows : - On 17.6.1970 a first information report was lodged at Pengari Police Out -Post and it was sent to, and received at, Digboi Police Station on 18.6.1970. It was stated in that first information report that on that day, namely 17.6.1970, the appellant caused the death of his wife and a minor son, in his own house after closing the door from inside. The police registered a case and after investigation, submitted a change -sheet under Section 302, I.P.C. Eventually he was committed to the Court of Session where also the charge under Section 302 was maintained. The appellant pleaded not guilty to the charge. His plea was one of insanity at the relevant time.

(3.) DR . H.N. Ganguli who held the post -mortem examination on the dead body of the child, was examined before the committing Magistrate, and his evidence was tendered in the Sessions Court. His evidence is that the held the post -mortem examination on the dead body of a minor child of the age of about 1 years and found the following injuries on his person.