Criminal AppealNo. 117 (J) of 2014. Case: Janmejoy Boro Vs The State of Assam & another. Guwahati High Court

Case NumberCriminal AppealNo. 117 (J) of 2014
CounselFor Appellant: Mr. I. H. Saikia, learned Amicus Curiae and For Respondents: Mr. Dhanesh Das, learned Additional Public Prosecutor, Assam and Ms. J. Phukan, learned counsel
JudgesAjit Singh, CJ and N. Chaudhury, J.
IssueIndian Penal Code - Section 302; Code of Criminal Procedure - Section 164
Judgement DateFriday August 12, 2016
CourtGuwahati High Court

Judgment:

Ajit Singh, CJ.

  1. Appellant Janmejoy Boro has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2,000/- with default stipulation.

  2. The victim of the incident was Rambhabati Boro, aged about 70 years. Unfortunately, she was mother of the appellant.

  3. Rambhabati Boro was widow. She was, therefore, totally dependent on the appellant (her son). Sadly she also suffered from paralysis and was confined to bed since last 3 years. Because of her sufferings, she often used to groan in agony. On 10.3.2013, at about 11 PM, when she was groaning, the appellant lost his cool and cut her neck with a dao. One son thus most inhumanly killed his own helpless mother. Pratima Boro (PW-7) wife of appellant felt so terrified that she ran away to another man''s house. The appellant too after killing Rambhabala Boro went to a nearby house and lied down. Ejahar exhibit 1 of the incident was lodged by Kalimohan Boro (PW-1) at Police Station Dudhnoi, District Goalpara on the following morning. The police immediately rushed to the spot along with one Magistrate and held the inquest exhibit 2 of the dead body. The police also seized one dao from the possession of the appellant. The seizure memo of dao is exhibit 3.Dr...

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