KOLAMANU DOLEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned Amicus Curiae, appearing for the appellant. Also heard Ms. S. Jahan, learned APP, Assam, appearing for the State.

(2.) This appeal from jail is directed against the judgement and order dtd. 24/09/2019 passed by the learned Sessions Judge, Jorhat, in connection with sessions case No. 132(J-M)/2018, whereby, the sole appellant Kolamanu Doley has been convicted under Sec. 302 of the Indian Penal Code (IPC) for committing the murder of his elder brother Dharmen Doley and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000.00with default stipulation.

(3.) The prosecution case, as unfolded from the materials available on record, is to the effect that on 22/05/2015, the wife of the deceased viz. Smt. Rekha Doley had lodged an ejahar before the Officer-in-Charge of Jengraimukh Police Station, informing that at around 8 p.m. on the previous day i.e. 21/05/2018, her husband Dharmen Doley was engaged in an altercation with his younger brother i.e. the appellant over some domestic matter. As a result of the quarrel, the appellant had hacked on the right hand of the victim with a 'dao'. Although the victim was rushed to Dhakuakhana Hospital at around 12 a.m., he succumbed to his injuries.