SRI RAM CHARAN BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) AND ORDER (Oral) - The judgement of conviction and sentence dated 07.06.2011, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 18(JJ)/2008 convicting the accused appellant under section 302 of the IPC and sentencing him to R.I. for life and to pay fine of Rs. 10,000/- with a default clause is the subject matter of challenge in this appeal.

(2.) On 01.08.2007, the informant Raju Bhuyan lodged an FIR with the O/C, Titabor Police Station alleging therein that on the same day at about 2.30 pm in his absence from his home, the accused appellant, who is his elder brother and was residing in a separate line of Charanipani Tea Estate killed his 4 year old son Babul Bhuyan by hacking him with a "mechi dao" while he was in his house, i.e., the house of the informant. On the basis of that FIR Titabor P.S. Case No. 82/2007 was registered and on completion of investigation charge sheet was submitted against the accused appellant under section 302 of the IPC.

(3.) In order to prove the charge, the prosecution examined 8 witnesses including the officials. The accused appellant took the plea of total denial in his defence statement recorded under section 313 of the CrPC, 1973 however, he declined to adduce defence evidence.