- (1.) This appeal is directed against a judgment of conviction and sentence dated 10th July, 1999 passed by Sri K.P. Dutta, Sessions Judge, Andaman & Nicobar Islands, Port Blair in Sessions Case No. 23 of 1995 whereby and whereunder the appellant herein was found guilty of commission of an offence of murdering his father under Section 302 of the Indian Penal Code and convicted him to suffer imprisonment for life and a fine of Rs. 2000/-, in default to R.I. for six months.
(2.) The prosecution case shortly stated is as follows : The accused-appellant herein procured a Dah from the informant on 20th June, 1994 at about 15.30 hours. By the said Dah he allegedly killed his father at about 16.00 hours on the said date in relation hereto he made a statement to the informant while he was passing by the side of the house of the informant. Hearing the same from the accused, the de fecto complainant rushed to the spot which was near the house of Haren Biswas, the deceased, and found him lying dead in a pool of blood with incised injuries on his neck, head, and fore-head left shoulder. The dead body was covered up with a piece of cloth. There was blood-stain on the shirt of the accused also. According to the prosecution, the motive for commission of the said crime was existence of dispute between the deceased and the appellant.
(3.) During investigation the appellant allegedly made a confessional statement before a learned Magistrate on 27.6.95 under Section 164 of the Code of Criminal Procedure which was marked as Exbt. 10. The appellant was in Police Custody from 20.6.94 to 27.6.94. Upon completion of the investigation, a charge-sheet was submitted whereafter, the case was committed to the Court. of Sessions Judge.;