SUNIT MAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard learned amicus curiae for the appellant, Mr. R.K. Dutta and learned Addl. P.P. for the State/respondent No. 1, Ms. B. Bhuyan.

(2.) This appeal is directed against the judgment and order dated 24-02-2016, passed by learned Addl. Session Judge(FTC), Silchar, in Sessions Case No. 123/2015. By the said judgment, learned Addl. Session Judge convicted the appellant u/s 302 IPC and sentenced him to rigorous imprisonment for life and fine of Rs. 5,000/- with default stipulation.

(3.) Deceased in this case was the son of the accused/appellant. As per prosecution case, on 04-12-2014 at night, the accused/appellant assaulted his son (victim) causing his death. In the next morning the appellant confessed before his relatives (maternal aunt) and others that on previous night he assaulted his son Ajoy (victim) and having come to know about the occurrence, the FIR (Ext.-2) was lodged by one of the co-villager Khogen Roy. On the basis of the said FIR, police registered Dholai P.S. Case No. 527 of 2014 u/s 302 IPC and commenced investigation. During investigation inquest report was prepared and the body was sent for post mortem examination.