SWAPAN DEBNATH UDALGURI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal is preferred from jail against the judgment dtd. 10/12/2020 passed by the learned Sessions Judge, Udalguri in Sessions Case No. 38/16 (GR Case No. 1304/2015) u/s 302 IPC with R.I. for life and fine of Rs.2,000.00 (Rupees Two Thousand).

(2.) The criminal law was set into motion by lodging of an Ejahar on 16/12/2015 by the PW1. It was stated that on that day, at about 11.30 am, the deceased, who was the elder brother of the appellant-accused, on being informed that the accused person was engaged in noisy quarrel had gone to his residence to persuade and then the accused person had killed the deceased by stabbing him on the left side of the chest by a batali (carpenter chisel). The informant (PW1) is the son of the deceased.

(3.) Based on the aforesaid information, the formal FIR was registered and investigation was done leading to laying of the charge sheet. The charges were accordingly framed and upon its denial, the trial had begun in which 10 nos. of prosecution witnesses were examined.