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Jagannath Barman – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. Kotiswar Singh, J.
1. This is an odious Jail Appeal of matricide.
2. Heard Mr. B. Bhagawati, learned amicus curiae. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor, Assam.
3. The present appeal has been preferred against the judgment and order dated 12.12.2018/13.12.2018 passed by the learned Sessions Judge, Karbi Anglong, Diphu by which the appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 2,000/- and in default of payment of fine, to undergo Simple Imprisonment for three months.
4. The aforesaid conviction arose out of an FIR lodged on 01.03.2015 by the informant's brother before the Officer-in-Charge, Dalimbari PP, Karbi Anglong stating that the informant's brother, Shri Jagannath Barman, the appellant herein, brutally killed their mother Niyati Barman on 26.02.2015 by assaulting her with a bamboo lathi and fastening her by a bi-cycle tube around her neck, as informed to the informant by his wife, who was present at the time and place of the incident. It was alleged that the appellant after returning home from the market at around 5 pm on 26.02.2015 had an altercation with his m
The conviction for murder under Section 302 IPC was upheld as the act did not constitute a lesser offence due to absence of premeditation or mutual combat, with clear evidence supporting the intentio....
A conviction for murder under Section 302 IPC was adjusted to culpable homicide under Section 304 due to ambiguities in witness accounts and lack of intent, establishing a precedent for interpreting ....
The court modified the conviction from murder under Section 302 IPC to manslaughter under Section 304 Part II IPC, emphasizing lack of premeditation and specific intent due to sudden provocation.
Testimony of an injured witness is highly reliable due to the built-in guarantee of presence. The sudden fight exception applies to culpable homicide when committed without premeditation in the heat ....
The central legal point established in the judgment is the application of legal provisions related to murder and culpable homicide not amounting to murder under the IPC.
A fatal assault committed without premeditation during a sudden fight and in the heat of passion, where no undue advantage is taken, attracts Exception 4 of Section 300 IPC, modifying the offence fro....
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