(1.) Heard Mr. B Baruah, learned Amicus Curiae for the appellant and also heard Ms. S Jahan, learned Additional Public Prosecutor for the State of Assam.
(2.) The office note of 26.09.2018 shows that notice had been served on respondent No.2/informant but inspite of such service, none appears.
(3.) An ejahar dated 22.08.2015 was lodged before the Officer-In-Charge of Mariani Police Station by one Suraj Kesri, inter-alia stating that on 22.08.2015, at about 8 am, when his father Sohanlal Kesri was attending his duty as a Chowkidar at Section-11/B of the garden, the accused Sankar Tanti, son of Rabi Tanti, who was also a resident of the same line all of a sudden had inflicted cut injuries on the head, face and hands of his father thereby causing serious injuries. Subsequently, while undergoing treatment at Jorhat Mission Hospital, the father of the informant died at around 2.20 pm.