JUNABOR SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is preferred from jail against the judgment and order dated 05-07-2018, passed by the learned Sessions Judge, Tinsukia, in Sessions Case No. 31(T) of 2017, convicting the accused-appellant, under Section 302 of the Indian Penal Code, and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs.50,000/-, in default, imprisonment for a period of six months.

(2.) We have heard Mr. B. Baruah, learned Amicus Curiae appearing on behalf of accusedappellant and Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam.

(3.) The case for the prosecution, as unfolded during the trial, is that the PW1, Manoj Saikia, heard shrieks of his younger brother, Diganta Saikia (deceased), at about 8.30 pm on 12-09-2016, while he had gone to sleep after taking dinner. Hearing the shrieks, he immediately rushed to the house of his younger brother, Diganta and found him lying on the verandah in an injured state with blood oozing out from his wounds. PW1 also saw his father standing there holding a dao in his hands. According to him, his father had killed his younger brother, Dignata. Apprehending that he would also be attacked by his father (accused-appellant), he left the place of occurrence.