In course of the examination of the accused/appellant under Section 313, Cr. The prosecution at the trial examined eleven witnesses including the doctor who had performed the post-mortem examination as well as the Investigating Officer. The offence being one exclusively triable by the Court of Session, he was charged under Section 302 of the Code to which he pleaded “not guilty” and claimed to be tried. 47/03 under Section 302 of the Code was registered and on the culmination of the investigation, charge-sheet was laid against the accused/appellant also under the said provision of law.
On receipt of the FIR, Titabor P.S Case No. The informant is the mother of the murdered child and the wife of the accused/appellant.ģ. It was alleged therein that the appellant at about 1.30 p.m of the date of information i.e had cut his son Biki aged about 11/2 years to death and was intercepted while he was preparing to bury the dead body by digging a pit. The information laid with the Officer-in-Charge, Titabor Police Station vide the FIR dated reveals a revolting episode. We have heard Mr Ajoy Phukan, learned amicus curiae for the appellant and Mr Z Kamar, learned Public Prosecutor for the State respondent. 1,000/-, in default, to undergo rigorous imprisonment for further three months.Ģ. Amitava Roy, J.:- This appeal from jail witnesses a challenge to the judgment and order dated passed by the learned Sessions Judge, Jorhat in Sessions Case 9(J-J)/2004 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short, hereinafter referred to as ‘the Code’) and sentencirig him to suffer imprisonment Page: 275for life and also to pay a fine of Rs.
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