RUDRA BAHADUR SONAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Zahangir Hussain, learned amicus curiae appearing for the appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State of Assam. Office note dated 27.07.2017 shows that notice upon informant respondent No.2 had been duly served, but in spite of the same none appears for the informant respondent No.2.

(2.) This is an appeal against the judgment and order dated 14.12.2015 of the learned Additional Sessions Judge, Sonitpur, Tezpur, Assam passed in Sessions Case No.173/2013, whereby the accused/appellant was convicted and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.5000/- and in default, rigorous imprisonment for another 01(one) year for committing the offence under Section 302 IPC.

(3.) The prosecution case in brief is that an ejahar dated 17.05.2013 was filed before the Officer in Charge of Chariduar Police Station by Tikaram Sonar inter-alia stating that on the said day at about 5. P.m. his nephew Rudra Sonar had killed his father Dharam Sing Sonar on the spot by dealing a knife blow in their house. Accordingly, the accused appellant was charged of committing an offence punishable under Section 302 IPC.