NAREN TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Ms. S. Khataniar, learned counsel who has been appointed as Amicus Curiae in place of earlier appointed Amicus Curiae Mr. P. Kataky who is found to be absent when the matter is taken up for hearing. Also heard Mr. K. C. Mahanta, learned Public Prosecutor, Assam.

(2.) THIS Criminal Jail Appeal has been preferred by the appellant assailing the Judgment and Order dated 24. 06. 02 passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 85/01 whereby he was convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1000/-, in default to pay fine, to undergo rigorous imprisonment for two months.

(3.) THE brief facts as unfolded by P. W. 6, Topi Tanti in the 'ejahar' dated 17. 11. 00 lodged by him with the Golaghat Police Station are that around 7:00 O'clock, last night on 16. 11. 2000 in the absence of anyone in the house, somebody caused the death of his father Bajo Tanti (hereinafter referred to as 'the deceased') by assaulting him with sharp weapon in his head and by setting fire on his entire person on the bed inside the house. As a result of the said fire, the entire person of his father and the clothes of his bed were burnt. It was stated in the Ejahar that he found his father in dead state.