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SUMAN SHYAM, PARTHIVJYOTI SAIKIA
Badan Soren Kokrajhar – Appellant
Versus
State Of Assam Rep. By pp, Assam. – Respondent
JUDGMENT :
Suman Shyam, J
Heard Mr. A. Ahmed, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned senior counsel (Addl. P.P., Assam) assisted by Mr. J. Das, Advocate appearing for the State/respondent No.1. None has appeared for the informant/respondent No.2.
2. Being aggrieved by the judgment dated 18.01.2019 passed by the learned Sessions Judge, Kokrajhar in connection with Sessions Case No.150/2016 convicting the appellant under Section 302 of the Indian Penal Code (IPC) for committing the murder of his father and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.30,000/-, the instant appeal has been preferred from the Jail.
3. The prosecution case, in a nutshell, is to the effect that on 14.06.2016, at about 9:00 p.m., the accused/appellant Sri Badan Soren, who was out somewhere and returned home, he struck his father Maikel Soren on the head with a ‘lathi’ (stick) causing grievous injury on his head leading to his death. The accused had also hit his mother with the ‘lathi’ causing injury on her body.
4. On 16.06.2016 the mother of the accused and the wife of the deceased viz. Smti. Sita Hembram lodged an ejahar befo
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.
The court altered the conviction from murder under Section 302 to culpable homicide under Section 304 Part-II, emphasizing the absence of premeditation and the nature of the incident as a sudden figh....
A conviction for murder is upheld when the prosecution establishes intentional lethal force and the defense fails to demonstrate any mitigating statutory exceptions, such as grave and sudden provocat....
The main legal point established in the judgment is the application of the exceptions under Section 300 IPC, particularly in cases involving sudden quarrel and loss of self-control, and the need to e....
The main legal point established in the judgment is that the intention and actions of the appellant, as evidenced by the fatal injuries inflicted on the deceased, warranted the conviction for murder ....
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