TUNU URANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. Das, learned Amicus Curiae, appearing for the appellant and Ms. S. Jahan, learned Addl. P.P., Assam.

(2.) This appeal is directed against the judgment and order, dated 17.09.2018, passed by the learned Sessions Judge, Karbi Anglong, Diphu, Assam, in Sessions Case No. 215/2017. By the said judgment, the learned Sessions Judge convicted the accused/appellant under Section 302 of the IPC and sentenced him to imprisonment for life and pay a fine of Rs. 2,000/- with default stipulation.

(3.) The case of the prosecution, is that, on 31.7.2017 at about 5AM, a quarrel took place between the appellant and his son, Dharm-eswar Urang, on some domestic matters. On the same day, at about 3PM, the body of the deceased Dharmeswar Urang was found in the house of the tenant of the appellant. Having got the information, the brother of the deceased, Birsa Urang (PW-1) lodged an FIR (Ext.-1). On the basis of the said FIR lodged by the PW-1, the police registered Borpathar P.S. Case No. 25/2017 under Section 302 IPC and commenced the investigation. During investigation, police recorded the statement of the witnesses under Section 161 CrPC, prepared the inquest report and sent the body of the deceased for post-mortem examination.