NABIN BORO Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Roy, learned Legal Aid Counsel, appearing for the appellant. We have also heard Ms. S. Jahan, learned APP, Assam, appearing for the State. None is present on behalf of the informant.

(2.) This criminal appeal, preferred from jail, is directed against the judgement dtd. 15/12/2020 passed by the learned Sessions Judge, Morigaon, in Sessions case No. 184/2018, convicting the sole appellant under Sec. 302 of the Indian Penal Code (IPC) for committing the murder of deceased Mantu Boro and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.5,000.00 with default stipulation.

(3.) The prosecution case, as unfolded from the materials on record, briefly stated, is that on 29/04/2017, Sri Ranjit Boro had lodged an ejahar with the Officer-in-Charge, Mayong Police Station, informing the Police that at about 9-30 a.m. on that day, while his neighbour Nabin Boro was assaulting his wife, his elder brother Mantu Boro intervened in the matter so as to separate them. However, without any rhyme or reason, Nabin Boro struck on the neck of his elder brother with a broken liquor bottle causing grievous injury to him which had resulted in the death of his elder brother. On receipt of the ejahar dtd. 29/04/2017, Mayong PS case No. 77/2017 was registered under Sec. 302 of the IPC and the matter was taken up for investigation by the Police.