BALI CHARAN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R.D. Mozumdar, learned amicus curiae appearing on behalf of the Appellant. Also heard Mr. K.C. Mahanta, learned public prosecutor.

(2.) This appeal is presented against the judgment dated 31.3.2003 in session case No. 27 (K)/2000 passed by the learned Ad hoc Addl. Sessions Judge, No. 2, Kamrup, whereby the Appellant has been convicted for an offence under Section 302, IPC and has also been sentenced to imprisonment for life and to pay fine of Rs. 2,000/- and in default, to imprisonment for a further period of 3 months.

(3.) The prosecution case as revealed from the FIR indicates that at about 3/4 a.m. in the early morning on 20.1.1999, the accused Bali Charan Kalita beat his father Muhin Chandra Kalita (hereinafter referred to as the deceased) mercilessly while the deceased was alone at home. Having learnt of the incident, the neighbours rushed to the home of the deceased and found the deceased in a moribund state. The deceased was immediately admitted to the Gobardhan Primary Health Centre but he died at about 11 O'clock.