(1.) Heard Mr. RM Choudhury, learned Amicus Curiae for the appellant and Ms S. Jahan, learned Addl Public Prosecutor, Assam for the respondents.
(2.) This appeal is directed against the judgment and order dated 2.9.2014 passed by the learned Addl Sessions Judge (FTC) 2, Tinsukia in Sessions Case No. 158 (M)/2012 thereby convicting the appellant under section 302, Penal Code and sentencing him to suffer RI for life, and to pay a fine of Rs. 3,000.
(3.) The prosecution case in brief is that on 11.7.2009 at around 8 PM an altercation took place between the accused-appellant, Sri Hindu Badra and his younger brother, Sri Johan Badra. In course of the altercation, the accused-appellant Hindu Badra cut his younger brother Johan Badra with a 'dao', as a result of which, Johan Badra died at the place of occurrence.