BIRENCHAWRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. KK Gupta, learned Amicus Curiae for the appellant and Mr. Z. Kamar, learned PP.

(2.) This appeal is directed against the judgment dated 25.8.98 passed by the Sessions Judge, Dibrugarh, in Sessions Case No. 14 of 1998 (GR Case No. 116 of 1997) convicting the accused-appellant under section 302, IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 500/-.

(3.) The prosecution case in brief is that on 23.1.97 around 7 PM, the accused-appellant Biren Chawra called his own brother Bijon Chawra to his house and when Bijon Chawra arrived at his place, the accused-appellant hacked him with a pruning knife, generally used in the tea garden for pruning of the tea bushes. The injured was immediately removed to Hospital where he was declared dead. PW 5 is Dr. R. Chaliha who held the autopsy over the dead body and found the following injuries :