MAHESWAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23.09.2005 passed by the learned Ad-hoc Additional Sessions Judge No. 1, Kamrup, Guwahati in Sessions Case No. 142 (K) /2003 convicting the Appellant under Section 302 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000/-, in default of payment of fine, further imprisonment for 1 month.

(2.) The Appellant Shri Maheswar Nath is stated to have killed his brother Shri Chandradhar Nath in the courtyard of his house by piercing him with a ballam (spear) at around 9 P.M. in the evening of 25th of April, 2003 and to this effect , an Ejahar was lodged by another brother Shri Kamleswar Nath at around 10.15 P.M. with the Officer-In-charge, Kamalpur police station , on the basis of which, Kamalpur P.S. Case No. 71/2003 under Section 302 IPC was registered .

(3.) The case was taken up for investigation and on completion of investigation, charge sheet under Section 302 IPC was submitted against the Appellant and the case being exclusively triable by the Court of Sessions, the Committal Magistrate , sent the records of the case to the Court of learned Sessions Judge, Kamrup for trial and accordingly, Sessions Case No. 142 (K)2003 was registered.