ARUN TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been preferred from jail against a judgment and order dtd. 9/3/2022 passed by the Addl. Sessions Judge (FTC), Biswanath Chariali in Sessions Case No. 44/2019 registered under Sec. 302 of the IPC [corresponding to Sec. 103 of the BNS] with R.I. for life and a fine of Rs.5,000.00.

(2.) The incident is one of fratricide whereby the allegation is against the appellant of killing his own brother.

(3.) The criminal law was set into motion by lodging of an Ejahar on 30/10/2018 by one Bhabananda Tanti (PW-2), who is the brother of both the appellant and the deceased. He had narrated that on the previous day, i.e., 29/10/2018 at about 9 pm, there was a quarrel on some domestic matter which led to attack by the appellant on his brother in the quarters with an axe resulting in grievous injury whereby the deceased had died instantaneously. The said Ejahar was registered as Biswanath P.S. Case No. 266/2018 under Sec. 302 IPC [corresponding to Sec. 103 of the BNS] and investigation was done in which the statements of the relevant witnesses were recorded, the sketch map prepared, post-mortem done, and all other steps were taken leading to laying of the Charge Sheet. The charge was accordingly framed, which was explained to the appellant and on its denial, the trial had begun in which the prosecution had adduced evidence through 10 Nos. of witnesses.