TILESWAR MURARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE Judgment and order dated 17.08.2007, passed by the learned Sessions Judge, Sivasagar, in Sessions Case No.42(S- S)/2005, whereby the accused/appellant has been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life and also to pay fine of Rs.1,000/-, in default of payment of fine, to undergo RI for another 6 (six) months, has been challenged in this appeal.

(2.) THE prosecution case, in brief, is that, Nageswar Murari and Tileswar Murari, two brothers were residing in the same compound. On 20.07.2004, they had some quarrel between them. Tileswar Murari inflicted dao blows on Nageswar Murari causing his death. FIR was lodged by the father of the deceased. The Officer-in-Charge, Dimu Police Station registered a case. During the investigation, a "khukuri" was seized by the Police on being produced by the wife of the accused.

(3.) WE have heard Ms. Rita Boro Bora, learned Amicus Curiae, appearing on behalf of the appellant as well as Mr. Z. Kamar, appearing on behalf of the State respondents.