BIBUL GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned amicus curiae appearing on behalf of the Appellant. Also heard Mr. A. Kamar, learned public prosecutor.

(2.) This appeal is presented against the judgment dated 29.4.2003 in Sessions Case No. 40 (J)/2002, passed by the learned Sessions Judge, Jorhat, whereby the Appellant has been convicted under Section 302 of the IPC for an offence of killing the mother and has been sentenced to undergo imprisonment for life and also to pay fine of Rs. 5,000/-, in default thereof, to undergo imprisonment for further period of 6 months.

(3.) The prosecution case as revealed from the FIR filed by PW-1 reveals that on the night of 25.10.2001 around 12 o'clock, when the mother of the informant Kaushailya Gogoi (hereinafter referred to as the deceased) went to visit the house of her elder son Bibul Gogoi (hereinafter referred to as the Appellant), the Appellant cut the deceased with a dao while the deceased was sleeping in the house of the Appellant.