ARJUN GOWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Hasan, learned Amicus Curiae. Also heard Ms. Jahan, learned Addl. Public Prosecutor.

(2.) This appeal has been filed against the impugned Judgment dtd. 30/3/2021 passed by the Additional Sessions Judge (FTC), Biswanath Chariali, Assam in Sessions Case No. 50/2019, by which the appellant has been convicted under Sec. 302 IPC for killing his younger brother. The appellant was thereafter sentenced to undergo R.I for life with a fine of Rs.10,000.00, i.d. S.I for 6 months.

(3.) The prosecution case in brief is that an FIR dtd. 21/8/2018 was submitted by the father of the appellant to the Officer-in-charge, Biswanath Chariali Police Station stating that around 7:30 P.M on 20/8/2018, the appellant picked up a quarrel with his youngest son inside their house with the intention of killing him. The appellant attacked the youngest son with a sharp meat chopping knife causing serious injury. The injured was taken to Biswanath Civil Hospital by Ambulance. The deceased was brought to the hospital, where he was declared dead. In pursuant to the FIR, Biswanath Chariali P.S. Case No. 205/18 under Sec. 302 IPC was registered on 21/8/2018.