DANDIYA MYRAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant-accused of the present appeal is challenging the judgment dated 13. 11. 2001 passed by the learned Additional Sessions Judge No. 1, Tinsukia in Sessions Case No. 70 (T)/01 convicting the appellant-accused under Section 302 IPC and sentencing to undergo rigorous imprisonment for life for committing the murder of his son Bablu Murah.

(2.) HEARD Miss N. Hawelia, learned Amicus Curiae appearing for the appellant-accused and also Mr. B. B. Gogoi, learned Public Prosecutor appearing for the State of Assam.

(3.) THE prosecution story, as unfolded during the trial, in a nutshell are that the PW-8, Dr. Pratap Ch. Saikia, Medical Officer of Rajgarhali General Hospital, Bozaloni Group Limited lodged an ejahar that on 23. 3. 2001 at about 9. 30 P. M. Bablu Murah, aged about 7 years (deceased victim) was assaulted with sharp weapon over the head by his father Dandiya Murah of Bozaloni Tea Estate (appellant-accused) and Bablu died on the way to Rajgarh General Hospital before giving any treatment. On receipt of the said ejahar, the Officer-in-charge of Langkhasi Police Out-Post, entered it in the G. D. being Out-Post G. D. Entry No. 495 dated 24. 3. 2001 and forwarded to O. C. , Bordubi Police Station for favour of registering a case under the law. A criminal case being Bordubi P. S. Case No. 22/2001 dated 24. 3. 2001 under Section 302 IPC was registered and thereafter, the machinery for investigation had been started.