KAMALA BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the judgment and order dated 31.3.2005 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 18(B)/96 the appellant herein stands convicted under Sec. 302 of the Indian Penal Code (for short, hereinafter referred to as the IPC) and resultantly sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000.00, in default, to suffer rigorous imprisonment for another six months.

(2.) We have heard Mr. S.C. Biswas, learned counsel for the appellant, and Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam.

(3.) Bijni P.S. Case No. 72/1993 under Sec. 302 IPC, the genesis of the prosecution case, was registered on the F.I.R. filed by one Jogen Basumatary with the Officer-in-Charge of the Bijni Police Station on 26.07.1993 alleging that at about 11.45 P.M. of 25.7.1993 the accused/appellant after a quarrel with his (informant) younger brother Gobinda Basumatary assaulted the latter with a sharp cutting weapon in the neck and killed him. Following the investigation charge-sheet was laid against the accused/appellant under Sec. 302 Penal Code. The case being one triable exclusively by the Court of Sessions, it was committed to the Court of the Sessions Judge, Bongaigaon. Charge was framed under the aforementioned provision of the Penal Code against the accused/appellant to which he pleaded 'not guilty'. In the trial the prosecution examined witnesses including the Investigating Officer. In his examination under Sec. 313 Crimial P.C. the accused/appellant wholly denied the charge. The impugned conviction and sentence followed.