ORDER B.D. Agarwal, J. 1. This appeal is directed against the Judgment and Order dated 05.01.2005, passed by the learned Sessions Judge, West Tripura, Agartala, in Sessions Trial Case No. 47 (WT/A) of 2004. By this impugned Judgment, the appellant has been convicted under Section 302 of the Indian Penal Code and he has been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5,000/-(Rupees Five Thousand), with default sentence of 2 (two) months. Being aggrieved with the conviction and sentence, the appellant has preferred this appeal. 2. Heard Sri A C Bhowmick, learned Senior Counsel, assisted by Sri D C Roy, learned counsel for the petitioner. Also heard Sri D Sarkar, learned Public Prosecutor, assisted by Sri R C Debnath, learned Special Public Prosecutor for the appellant/State of Tripura. We have also gone through the impugned Judgment and the evidence proffered by the prosecution in the trial Court. 3. The appellant, herein, is the father of the deceased. The prosecution case is that the appellant, aged about 43 years, had physically assaulted his son Ranjit Natta aged about 21 years in their residential compound and subsequently, the deceased was found hanging from the ceiling. 4. Initially, the FIR was lodged by the brother of the deceased to the Officer-In-Charge of Bishalgarh Police Station, informing that his brother was found dead in hanging condition. After preliminary enquiry, the ASI of Police (PW-5) lodged the FIR. The said FIR was registered as Bishalgarh PS Case No. 113 of 2003, under Sections 302 and 201 of the Indian Penal Code. After filing of the chargesheet, the appellant was tried for the offence under Sections 302 and 201 IPC. However, after the trial, the appellant has been convicted only under Section 302 IPC simpliciter. 5. As could be gathered from the evidence on record, both the appellant and the deceased son were living together in the same compound and in the common mess. Out of the 12 (twelve) witnesses, PWs-1, 2 and 3 are the witnesses from the family of the deceased and PWs-4 and 7 are independent witnesses from the locality and the remaining witnesses are either police officers or inquest witnesses or medical officers. Other than the official witnesses, the remaining witnesses have deposed in chorus that soon after committing the offence the accused admitted before them about inflicting physical injuries upon the deceased. Other than the official witnesses, the remaining witnesses have deposed in chorus that soon after committing the offence the accused admitted before them about inflicting physical injuries upon the deceased. In this way, there is corroborative evidence of extra-judicial confession. We do not find any strong reason to discard these witnesses as they are the family witnesses or witnesses from the locality. 6. With regard to the issue whether the offence was culpable homicide amounting to murder or any other offence we have to keep in mind that the deceased was found hanged inside his room. We have already noted earlier that the deceased was a 21 years old boy and the accused was 43 years old at the relevant time. Besides this, as per the autopsy report, we find that the medical officer has found ligature mark in the neck of the deceased and the injuries of the deceased were ante mortem in nature. In this way, the medical finding indicates that the death was caused due to haemorrhage and shock. At the same time, the autopsy report also shows that there were physical injuries in the chest and lungs of the deceased. 7. From the evidence of the non-official witnesses, we also find that the accused used to inflict physical and mental torture upon the deceased. At the same time, there used to be frequent quarrels in between the deceased and appellant. Hence, we hold that the deceased must have committed suicide feeling indignation at the hands of his father. 8. Be that as it may, there are overwhelming evidences that the deceased was attacked with a blunt weapon by the accused immediately before commission of the suicide. 9. In view of these evidences, we hold that the accused had abetted the offence of suicide. In other words, the conviction of the sentence is altered from the offence under Section 302 IPC to that of 306 IPC. 10. With regard to the quantum of sentence, the admitted fact is that the appellant is in prison for more than 8 (eight) years. Hence, the sentence is reduced to the period already undergone by the accused. At the same time, we set aside the sentence of fine. 11. In the result, the appeal stands partly allowed, since the sentence has been reduced to the period already undergone. 12. The Registry is directed to issue release order immediately. 13. Hence, the sentence is reduced to the period already undergone by the accused. At the same time, we set aside the sentence of fine. 11. In the result, the appeal stands partly allowed, since the sentence has been reduced to the period already undergone. 12. The Registry is directed to issue release order immediately. 13. The Registry is directed to return the LCRs along with a copy of this judgment immediately.