(1.) Heard Mr. P.J. Saikia, learned counsel for the petitioner and also heard Ms. S. H. Bora, learned Addition Public Prosecutor for the State of Assam.
(2.) This appeal has been preferred under Sec. 374 of the Code of the Criminal Procedure, 1973, against the judgment and order dtd. 22/1/2019 passed by the learned Sessions Judge, Morigaon in connection with Sessions Case No. 46/2013, whereby, the accused/appellant was convicted under Sec. 304 Part-II IPC and sentenced him to undergo rigorous imprisonment for 7 years.
(3.) The brief facts of the case is that one Gopal Chandra Bora lodged an FIR on 28/9/2010, stating inter-alia, that on 27/9/2010, at about 8 p.m. in the evening hour his brother Narayan Saikia went to the house of Hari Bordoloi situated at Belaguri village. When his brother was sitting at the varanda of Hari Bordoloi's house, the appellant Niren Bordoloi attacked him with a dao causing grievous injuries on his person as a result of which he died on the spot. At that time Hari Bordoloi was standing nearby and helped the assailant to assault the victim.
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