SUKHLAL RABIDAS SIVASAGAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Goswami, learned Amicus Curiae for the appellant and Mr. M. Phukan, learned Addl. P.P., Assam for the respondents State.

(2.) This appeal is directed against the judgment and order dated 27.08.2018 passed by the learned Sessions Judge, Sibsagar in Sessions Case No. 141 (S-N)/2015, whereby the appellant was convicted under Section 302 IPC and sentenced to rigorous imprisonment for life and fine of Rs. 1000/- with default stipulation.

(3.) The deceased in the instant case was Rajesh Rabi Das, who met with an unfortunate death as a consequence of the injury inflicted by his own brother, the present appellant. As per prosecution case, on 04.12.2014, when the deceased was rebuking his wife, the appellant inflicted injury to the deceased with an Axe under the impression that the deceased was hurling abuses to him. The wife of the deceased lodged the FIR (Ext.5), on the basis of which, police registered Nazira P.S. Case No. 239/2014 under Section 447/302/325 IPC and eventually submitted charge sheet against the present appellant, upon completion of the investigation.