KHAGEN PATAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AM Bora, learned senior counsel, being the Amicus Curiae for the accused appellant. Also heard Mr. T.K. Mishra, learned Additional Public Prosecutor for the State authorities. None appears for the respondent No. 2 inspite of notice being served and accepted by the order dated 27.05.2019.

(2.) An ejahar dated 13.05.2014 was submitted by Sri Jitu Pator before the Officer-in-charge of Raha Police Station inter alia stating that at about 10.00 AM on 12.05.2014, the accused person Khagen Pator @ Sri Talao Pator had trespassed into his compound without any reason and scolded his mother Satya Pator @ Chinta Pator aged about 52 years with filthy language and thereafter assaulted her with a brick causing severe injury to her.

(3.) It was stated that the mother of the informant was admitted immediately to hospital, but, later on, she succumbed to her injuries while undertaking treatment. Accordingly, the accused appellant was charged of having committed an offence punishable under Sec. 302 of the Penal Code read with Sec. 447 of the same Code on the allegation that he had intentionally caused death of Satya Pator and had trespassed into their compound with the intention to commit the offence.