NANDESWAR BAGLARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order passed by the learned Sessions Judge, Golaghat on 22.12.98 in Sessions Case No. 13/96 whereby the accused-appellant Nandeswar Baglary was convicted for the offence under section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs.5,000/-, in default further imprisonment for 2 years.

(2.) The gravamen of the charge is that on 17.4.95 at about 4 PM the deceased Motimal Baglary along with co-villager Bhupen Boro went to the house of the accused Nandeswar Baglary, who is his own brother and took their seats in their verandah. Thereafter, the deceased asked his brother to serve them with Bihu sweets etc when the accused stated that he has not prepared anything for the occasion, the deceased asked for a sum of Rs. 10/- but the accused refused and then he went inside of his house and came out with a hoe and assaulted the deceased over his head. Motilal died at the spot. Bhupen Boro informed the matter to the villagers whereupon an FIR was lodged. Police seized the blood stained hoe from the place of occurrence.

(3.) PW 1 Dr. Pulin Phukan who held autopsy over the dead body of the deceased Motilal and found as follows :