BETALUS EKKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

(2.) This criminal appeal is preferred by the appellant against the judgment and order dtd. 9/3/2017 passed by the Court of Sessions Judge in Sessions Judge, Sonitpur at Tezpur, in sessions Case No. 08/2016, whereby the appellant Sri Betalus Ekka has been convicted under Sec. 302, IPC 1860 for committing the murder of his brother Bosco Ekka and sentenced to undergo Rigorous Imprisonment (RI) for life and also to pay a fine of Rs.5,000.00 (Rupees Five Thousand) only and in default to undergo Rigorous Imprisonment (RI) for 6 (six) months.

(3.) The case of the prosecution, in nutshell, is that on 19/11/2015 an ejahar was lodged by one Sri Ignesh Minse before the Officer-In-Charge of Rangapara Police Station alleging that on or about 10 pm at night of 18/11/2015 Sri Betalus Ekka killed his brother Bosco Ekka by means of axe in the course of a quarrel. After assaulting the deceased, Sri Betalus Ekka informed the informant. On receipt of the ejahar, the Officer In-Charge Rangapara Police Station has registered a case being Rangapara. P.S. Case No.18/2015 under Sec. 302 IPC, 1860. On completion of investigation, the Officer In-Charge, Rangapara Police Station, filed a charge-sheet against the appellant under Sec. 302, IPC. The learned Judicial Magistrate, 1st Class, Tezpur committed the case being GR Case No.3139/2015 to the Court of Sessions, Sonitpur, Tezpur on 8/1/2015. On 12/1/2016, charge has been framed against the appellant/accsued Betalus Ekka under Sec. 302, IPC 1860. The charge was read over and explained to the accused person to which the accused person/appellant pleaded not guilty.