NITYA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 08.10.2007, passed by the learned District & Sessions Judge, Kamrup, Guwahati, in Sessions Case No. 237(K)/2006.

(2.) BY the impugned judgment and order, the learned Sessions Judge, convicted the appellant, namely, Shri Nitya Kalita, who is the younger brother of the deceased, under Section 302 of the Indian Penal Code (for short, the 'IPC') and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 1,000/-(Rupees one hundred) only, in default, suffer rigorous imprisonment for another period of 3 (three) months. Aggrieved by the said conviction and sentence, the convicted person, as appellant, has come up with this appeal.

(3.) DURING the course of investigation, police seized the incriminating iron rod (i.e. the weapon of assault), vide Ext. No. 2, which was used by the assailant, prepared inquest report (Ext. 3), in respect of the dead body of the deceased and got the post mortem examination (Ext. No. 4) done. The investigating Officer (PW-7) also arrested the accused-appellant, and prepared the sketch map. At the close of the investigation, police submitted the charge sheet (Ext. No. 9), against the appellant. The case being committed, the learned Sessions Judge framed charge under Section 302 IPC, to which the appellant pleaded not guilty and claimed to be tried.