MANASH BORUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Islam, learned Amicus Curiae appearing for the appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State of Assam. Service report of the Officer-in-Charge of Dhemaji Police Station dated 03.01.2018 shows that notice was duly served on the informant respondent No.2. But, in spite of such service, none appears for the respondent No.2.

(2.) This is an appeal against the judgment and order dated 27.06.2017 of the learned Sessions Judge, Dhemaji, passed in Sessions Case No.78(DH)/2015, whereby the accused appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.3000/- and in default of payment of fine, to undergo further rigorous imprisonment for another 03(three) months. Being aggrieved, the appellant preferred this appeal.

(3.) An ejahar dated 26.05.2015 was lodged by one Ghana Baruah before the Officer-in- Charge of Dhemaji Sadar Police Station inter-alia stating that on the night of 25.05.2015 his younger brother Bhabananda Baruah, aged about 49 years was alone at home. But on the said night, some unknown persons had assaulted him, resulting in his death inside the house itself. In the resulted investigation, the accused appellant Manash Baruah was charged of having intentionally caused the death of his father Bhabananda Baruah and thereby committed an offence under Section 302 IPC.