Point of Law : Amicus Curie has not been able to show that the above parameters have been satisfied, so as to take the prosecution case out of the purview of Section 302 of the Indian Penal Code.

JUDGMENT :

ROBIN PHUKAN, J.

1. Judgment and Order dated 16.05.2017, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 83 (J-J) of 2014, corresponding to Titabar P.S. Case no. 58 of 2014, is impugned in this appeal preferred by the Sri Sankar Pandab, from District Jail, Jorhat. It is to be noted here that vide the impugned judgment and order, dated 16.05.2017, the learned Court below has convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer R.I. for life and also to pay a fine of Rs. 10,000/- (Rupees ten thousand) only with default stipulation.

2. The factual background leading to filing of the present appeal is adumbrated herein below:

“On 28.03.2014, at about 6.30 P.M., while deceased Binod Pandab was talking with his wife -Smt. Mamoni Pandab in his house, then the appellant - Shri Shankar Pandab, who happened to be his own son, came there and assaulted him by means of a wooden plank over his head, after an altercation over domestic matters. Then Binod Pandab sustained grievous injuries over his head and fell down on the ground. Immediately thereafter Binod Pandab was taken to Titabar Hospital and from there he was referred to Jorhat Medical College Hospital, as his condition was critical. But, during the course of his treatment in the Jorhat Medical College Hospital, he succumbed to the injuries. On receipt of an F.I.R. to that effect from Smt. Mamoni Pandab, on 29.03.2014, the Officer-In-Charge, Titabar Police Station, registered Titabar P.S. Case No. 58/2014, under Section 302 IPC, and endorsed A.S.I. Kusal Borah and S.I. Likheswar Gogoi to investigate the same. The Investigating Officers (I.O.) then visited the place of occurrence, examined the witnesses, prepared sketch map of the place of occurrence and seized one wooden plank preparing seizure list and held inquest over the dead body of the deceased and got the post-mortem conducted and collected the report. The I.O. also arrested the appellant and forwarded him to the Court. On completion of investigation, the I.O. laid Charge-Sheet against the appellant to stand trial in the Court under Section 302 of the Indian Penal Code. The appellant entered appearance before the Court of learned Sessions Judge, Jorhat. Then, hearing learned Advocates of both sides; the learned Court below had framed charge against the appellant under Section 302 IPC and on being read over the same to him, he pleaded not guilty. The learned Court below then examined as many as 12 (twelve) witnesses, including the Doctor and the I.O. and then closing the prosecution evidence, the learned Court below examined the appellant under Section 313 of the Cr.P.C. and thereafter, hearing arguments of both sides, found the appellant guilty of the charge under Section 302 of the IPC and sentenced him as aforesaid. Being highly aggrieved, the appellant preferred this Appeal from the District Jail, Jorhat.”

3. As this appeal is preferred from jail, Mr. Atal Tewari, learned Advocate, is appointed as Amicus Curiae to assist the court.

4. We have heard Mr. A. Tewari, learned Amicus Curiae for the appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor for the State respondent. We have also perused the record of the learned Court below.

5. Here in this case, the death of Binod Pandab is not disputed. The evidence, so tendered and the documents so exhibited by the prosecution side, more particularly, the F.I.R. & post-mortem report, goes a long way to show that Binod Pandab dies on 28.03.2014, at Jorhat Medical College Hospital, during the course of treatment. Now, let it be seen how the death of Binod Pandab had taken place and whether it was accidental, suicidal or homicidal in nature.

6. First, let the evidence of the Doctor, who conducted autopsy on the dead body of the deceased, be examined. The prosecution side has examined Dr. Saurabh Jyoti Gogoi as PW-12. His evidence reveals that on 23.03.2014, while he was posted as Demonstrator at Assam Medical C