KAMESWAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Kameswar Nath has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.10,000/- with default stipulation.

(2.) The victim of the incident was Mileswar Nath, aged about 45 years.

(3.) According to the prosecution case, the appellant is brother of Mileswar. They lived in the neighbourhood and their houses were adjoining to each other. On 13.4.2011 at about 9.30 PM a quarrel took place between the appellant and Mileswar over some money and in the heat of passion, the appellant came to the house of Mileswar where he beat him with a branch of guava tree . The appellant then telephonically called the ambulance. Hearing the commotion, local residents also gathered at the spot. The appellant on knowing that Mileswar has died, tried to run away but was caught by the people. He was then also tied against a betel-nut tree and handed over to the police on its arrival. Ejahar of the incident was lodged by Padmeswar nath (PW-3). He is elder brother of both appellant and Mileswar but not an eye witness to the incident.