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 mother and the informant's wife was also threatened when she tried to intervene and the appellant assaulted their mother in the manner mentioned above and the appellant fled the scene after assaulting her mother.

5. On conclusion of the investigation, charge-sheet was filed against the appellant.

6. The prosecution adduced evidence by examining six witnesses on the basis of which the learned Trial Court after examining the evidences, convicted the appellant under Section 302 IPC and sentenced him to undergo imprisonment for life as mentioned above.

7. Let us, now, examine the evidence of the prosecution witnesses.

8. PW1, Sonju Mondol, a neighbour and VDP Secretary, though was not an eye witness, came to the place of occurrence after he learnt about the incident and saw the dead-body of the deceased lying in the courtyard and found a cycle tube wrapped around the neck of the deceased. PW1 also found a bamboo lathi lying near the dead-body. PW1 deposed that police seized one bamboo lathi about 3 feet long and one cycle tube from the place of occurrence. PW1 was a witness to the seizure of the aforesaid items.

9. PW2, Dhananjay Mallik, was another neighbour. Though not an eye-witness, as a VDP Secretary, after he came to know about the incident, came to the place of occurrence and saw the dead-body of the deceased lying in the courtyard and found a cycle tube wrapped around the neck of the deceased. He also saw a bamboo lathi lying near the dead-body. He also stated that the wife of the informant informed him that the appellant killed his mother by wrapping with a cycle tube on her neck and beating with a bamboo lathi. Thereafter, they informed the police and police came to the place of occurrence.

10. PW3, Smt. Karabi Singha, is also another villager, who deposed that in the evening of the day of the incident, PW5, Smti Mampi Barman came to her house and informed her that the appellant had killed his mother. After getting the said information, PW3 rushed to the place of occurrence and saw the deceased lying dead on the ground. She also noticed a bicycle tube at the place of occurrence. PW3, however, stated that she did not see the accused when she reached the place of occurrence and she did not know the reason why the accused killed the deceased.

In the cross-examination, PW3 stated that she did not know anything about any quarrel between the appellant and the deceased.

11. PW4, Dr. Norendra Nath Rajkhowa, was the doctor who conducted post mortem examination on the dead-body of the deceased. In his deposition, PW4 described the injuries as follows:-

"Injury of right hand with fracture at elbow joint. Also fracture of forehead bone with injury mark. Wrist joint of left side is also fractured. Bruises over the neck and mark of strangulation. No ligature mark seen