LAWS(GAU)-2012-1-24

ARUN BORA Vs. STATE OF ASSAM

Decided On January 25, 2012
ARUN BORA Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 31.8.2005, passed by the learned Additional Sessions Judge, Jorhat, in Sessions Case No.35(JJ)/2005.

(2.) BY the impugned judgment and order, the learned Addl. Sessions Judge, convicted the appellant, namely, Sri Arun Bora, under Section 302 of the Indian Penal Code (for short, 'IPC'), and sentenced to suffer rigorous imprisonment for life and pay fine of Rs.2000/-, in default, suffer rigorous imprisonment for another period of six months.

(3.) THE prosecution case, in brief, as may be necessary for disposal of this appeal, is that, on 2.3.2003, at about 2 pm, Sri Robin Bora (hereinafter called as 'deceased'), went to his father-in-law's house, on being invited by his mother-in-law and in his in-laws house, he was killed his by his brother-in-law i.e. the appellant, with a khukri . On the following day, at about 3-4 pm, Sri Nabin Bora, brother of the deceased, came to know about the occurrence. Accordingly, he lodged an FIR with the police. On receipt of the said FIR, police registered a case under Section 302 IPC, and launched investigation in to the matter.