SHANKAR GAUTAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Prasad, learned Amicus Curiae for the appellant and Ms. B. Bhuyan, learned Senior counsel and Addl. Public Prosecutor, Assam, assisted by Ms. R. Das, learned counsel.

(2.) This appeal has been filed against the impugned judgment dtd. 6/8/2019, passed by the learned Sessions Judge, Baksa, Mushalpur, in Sessions Case No. 341/2018, by which the appellant has been convicted under Sec. 302 of the IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000.00, in default, simple imprisonment for one year.

(3.) The prosecution case, in brief, is that an FIR dtd. 13/5/2018 had been submitted by the informant, who is also the Prosecution Witness No.1. The informant stated that the deceased and the appellant are brothers and were the nephews of the informant. The deceased and the appellant were living in the ancestral home of the informant for many years. On 11/5/2018, after dinner, when they had gone to sleep at about 12 midnight, the appellant Shankar Gautam hit the head of his brother, the deceased Kuldip Gautam, with a bamboo lathi, which resulted in severe head injury and thereafter the appellant fled from the place of occurrence. The deceased was thereafter taken to Dr. Kankan Rabha Nursing Home at Tamulpur. However, the doctors declared him dead.