DHEBUA RAJOWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B. Chetri, learned Amicus Curiae for the appellant. Also heard Mr. P. C. Gayan, Addl. Public prosecutor, Assam.

(2.) THIS appeal has been preferred by the accused from Jail, challenging the legality and validity of the Judgment and order dated 4-3-2002 passed by the learned ad-hoc additional Sessions Judge, Fast Track Court, tezpur, convicting the accused appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life.

(3.) THE appellant herein is alleged to have killed his own mother namely Homeswari rajowar. The facts leading to prosecution of the appellant are that on 23-3-1997 one Sri betharam Boro lodged an FIR with the Officer-in-Charge, bebejia Police Outpost alleging inter alia that at about 6 p. m. on 22-3-1997 sri Dhebua Rajowar, son of Sri Pirika rajowar of Balisia Bahbari Tea Estate killed his mother by inflicting injuries on her person with sharp weapon as soon as she returned home after day long begging. It is further stated in the said FIR that he was informed about the said occurrence at about 7. 30 p. m. and the villagers had managed to apprehend the accused and kept him tied. While explaining the delay in lodging the FIR, it is stated that due to lack of conveyance the FIR could not be lodged in the night itself.