CHIRON GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment of conviction and sentence dated 16. 11. 2002 passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 61 (DH)/2001 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs. 1000/- and in default to undergo RI for another one month.

(2.) SHORTLY stated the prosecution story is that on 13. 7. 2001 at about 5. 00 PM, the accused/appellant gave a 'dao' blow on the neck of his mother, as a result of which she died. An FIR to that effect having been lodged with the Dhemaji Police Station, Dhemaji P. S. Case No. 72/2001 was registered under Section 302 IPC.

(3.) DURING investigation, the I. O. visited the place of occurrence. Inquest was held on the dead body and the report thereof (Ext. 4) was prepared. The dead body was sent to Dhemaji Civil Hospital and the postmortem report was obtained. Chargesheet was submitted against the accused/appellant under Section 302 IPC and the learned Judicial Magistrate, 1st Class, Dhemaji committed the case to the Court of learned Sessions Judge, the case being exclusively triable by the Sessions Court.