ANIL MAHILI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 05.05.2014, passed by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No.6/2013 convicting the accused appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life and to pay fine of Rs. 1,000/- with a default clause.

(2.) The prosecution case, in brief is that on 07.11.2012 in the evening the deceased Sukur Moni Mahili, who was the mother of the accused appellant had some altercation with her son for sitting idle at home. The accused appellant in a fit of rage dealt several dao blows to his mother and tried to run away but the villagers apprehended him and later on handed him over to police. Though the mother was admitted in the local hospital but she succumbed to the injuries on the same day.

(3.) The First Information Report regarding the occurrence was lodged by one Sri Jiban Mahili, a close relative of both the deceased and the accused with the O/C, Dhekiajuli Police Station on the basis of which Dhekiajuli P.S. Case No.433/2012 under Section 302 of the IPC was registered. Before filing of the written FIR, telephonic information was given to police by one Joseph Topno informing that a son had cut his mother at Jungle Basti and to that effect GD Entry No. 216 dated 7.11.2012 was made and the Officer-in-charge immediately proceeded to the spot for investigation. Before arrival of police the injured was shifted to Dhekiajuli 30 bedded hospital by the villagers.