SWAPAN BARDHAN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 24.04.2013, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 140/2010.

(2.) By the impugned judgment and order, the learned Sessions Judge, convicted the appellant under Section 302 of the Indian Penal Code (hereinafter called "IPC") and sentenced him to suffer imprisonment for life and pay fine of Rs.10,000/- in default, suffer rigorous imprisonment for another period of one month. Dissatisfied with the said judgment and order, the convicted person, as appellant, has come up with this appeal.

(3.) The prosecution case, in a nutshell, is that, on 19.10..2008, at about 10 P.M., the informant's brother Sri Swapan Bardhan (hereinafter called "deceased") was stabbed by their elder brother i.e. the appellant, with a dagger, in their courtyard, causing injuries to the deceased. The deceased, who sustained injuries on left side of his chest and on his left arm, resulting profuse bleeding, was shifted to the Jagirod Railway Hospital, but he succumbed to the injuries. The younger brother of the deceased, namely, Sri Tapan Bardhan (PW-1), as informant, lodged an FIR with the Officer-in-charge, Jagirod Police Station on the next day.