ARJUN HASDA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Sharma, learned Amicus Curiae, appearing for the appellant. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam, representing the State.

(2.) This appeal has been filed against the judgment dtd. 25/11/2021 passed by the learned Sessions Judge, Baksa, Mushalpur, in Sessions Case No. 20/2019, by which the appellant has been convicted under S. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.2000.00 in default, further rigorous imprisonment for 2 (two) months vide sentence order dtd. 26/11/2021.

(3.) The prosecution case in brief, is that an FIR dtd. 12/7/2018 had been submitted by PW-6, who is the brother of the deceased before the In-charge, Kumarikata Police Out Post, stating that his deceased brother was killed at around 1230 p.m. while returning home, by the appellant on 12/7/2018. The FIR also stated that the appellant had been threatening to kill the deceased for the last couple of days. Pursuant to the FIR dtd. 12/7/2018, the Kumarikata Police Out Post forwarded the FIR to the Officer-in-Charge, Tamulpur Police Station, wherein, Tamulpur PS case No. 258/2018 under Sec. 302 IPC was registered.