ASAR UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant herein is none else but the brother of the deceased. He has been convicted under Section 302 IPC and has been sentenced to undergo Imprisonment for Life and also to pay fine of Rs.5000.00 (Five thousand) with default sentence of further rigorous imprisonment for 3 (three months) vide impugned judgment dated 18.2.2006 passed by the learned Additional Sessions Judge( Adhoc), Karimganj in Sessions Case No.86 of 2004. Being aggrieved with the conviction and sentence, the convict has preferred this appeal from jail.

(2.) We have heard Mr. I Uddin, learned Amicus Curiae for the appellant and Mr. D Das, learned Additional Public Prosecutor for the State. We have also perused the impugned judgment and the evidence given by the prosecution in the trial court. Though a plea was taken in the cross-examination of the prosecution witnesses that the incident took place after a brief altercation and quarrel no evidence was tendered by the accused in his defence.

(3.) The prosecution case in brief is that the families of the deceased and the accused persons used to live nearby. The deceased had also cultivable land at short distance of 100 cubits. Having noticed damage of newly grown paddy the deceased called the father of the accused to show him the damaged crop. While the father of the accused and the deceased were proceeding to the paddy filed, the appellant suddenly followed them and after pushing his father (Sonohar Ali) dealt repeated dao blows on the vital organs of the deceased Atar Ali. Thereafter, the deceased was brought home where he succumbed to the injuries.