SUNIL BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Z. Hussain, learned amicus curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned senior counsel (Addl. P.P., Assam) assisted by Mr. J. Das, learned counsel appearing on behalf of the State.

(2.) This appeal has been preferred by the sole appellant Sunil Barman challenging the Judgment and order of conviction dtd. 21/12/2016 passed by the learned Sessions Judge, Chirang, Kajalgaon in Sessions case no 14(D) of 2015 convicting the accused/appellant u/s. 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 in default a further term of simple imprisonment for one year.

(3.) The prosecution case, in brief, is that the informant Ranjit Das lodged an Ejahar before the Officer In-charge Dhaligaon PS on 01/06/2007 stating inter alia that on 22/05/2007 Sunil Barman called his younger brother Bhutu Das to Hatiputa village from the labour camp at Kukurmari where he was residing. Since then his younger brother was missing. When he visited Dhaligaon PS to enquire about the matter in the evening of 22/05/2007, he came to know that one dead body had been recovered at village Vhiran on the bank of river Aye. One photograph of the dead body was kept in the police station. Having seen the photograph he could identify the dead body to be of his brother Bhutu Das. It is alleged that Sunil Barman killed his brother in a pre planned manner and left his body on the bank of river aye.