PARESH DHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Mahanta, learned Amicus Curiae and Mr. D. Das, learned P.P. Assam.

(2.) The conviction of the appellant under section 302. I.P.C. and the sentence to undergo imprisonment for life and to pay a fine of Rs. 5.000.00 , in default. R.I for six months so imposed upon the appellant by the learned Sessions Judge, Barpeta by his judgment and order dated 8.2003 passed in Sessions Case No. 44/2003 is the subject matter of challenge in this criminal appeal preferred by the appellant from the jail.

(3.) The prosecution case in brief is that while P.W. 4. informant Shri Purna Chandra Dhar was watching "Kirtan" performance around 12 midnight on 31.3.2002 his younger son Paresh Dhar, the appellant, caused grievous injury with sharp weapon in the head of his eldest son Shri Manik Dhar, the deceased who was sleeping on his bed and left for somewhere and the dead body of Manik was lying inside the house.