SUKRAM EKKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE accused appellant having been convicted under Section 302, IPC with the sentence of RI for life and under Section 326, IPC with RI or 7 years and also with fine of Rs. 1,000, in default, to undergo RI for another one month, he has preferred this appeal. Be it stated here that both the sentences are to run concurrently.

(2.) THE prosecution case in brief is that one Shri Nabin Ekka (PW2) (sic) an FIR on 15.3.2001 with Pengeri Police Station to the effect that in the previous night at about 3. A.M. his father, i.e., the accused appellant inflicted injuries to his mother in her head with an axe causing instantaneous death. As per the FIR, his younger brother and sister also suffered grievous injuries and they were taken to Pengeri Tea Garden Hospital but the doctors there sent them to Longshowal hospital. However, the brother died on the way and the sister was underwent treatment there.

(3.) PW 1 is the doctor attached to Pengeri Tea Estate Hospital on 15.3.2001 when the injured persons were brought there. He in his deposition has testified the injuries sustained by the sister of the first informant (PW2). The injuries testified by him are as follows: