BABU GARH @ SARUBABU Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Babu Garh has been convicted under Section 302 of the Indian Penal Code for murdering his brother Jiten Garh and sentenced to life imprisonment with fine of Rs. 2,000/-, in default whereof, to undergo rigorous imprisonment for another 02 months.

(2.) The prosecution case is that on 16.03.14 at about 06:00 p.m. there was a quarrel between the appellant and his deceased elder brother Jiten Gorh in the house of the appellant whereby the appellant had dealt blows on the nose, head and the face of the deceased with a solid bamboo lathi as a result of which Jiten Gorh has suffered grievous injuries which ultimately led to his death.

(3.) On 17.03.2014 an ejahar was lodged before the Officer-in-Charge, Barpathar Police Station by Sri Puna Garh, the brother of both the appellant and the victim, reporting the incident. On the basis of the said ejahar, Borpathar P.S. Case No. 40/2014 was registered under Section 302 of the Indian Penal Code and investigation was carried out by the police. On completion of the investigation, charge-sheet was submitted against the appellant. The Trial Court had thereafter framed murder charge against the appellant under Section 302 of the Indian Penal Code and the matter was put to trial. Eventually the Trial Court had convicted the appellant under Section 302 of the Indian Penal Code.