RANADHIR GUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16. 2. 2006 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 39/2004.

(2.) THE learned Sessions Judge by the impugned judgment convicted the accused Ranadhir Gupta u/s 302 IPC for causing death of his brother Chandan Gupta and sentenced him to R/i for life and to pay a fine of Rs. 5000/-, in default of payment, to further imprisonment for three months. Being aggrieved thereby, this appeal has been preferred challenging the legality and validity of the judgment passed by the learned Sessions Judge.

(3.) THIS is a case where two brothers were living together in the same campus with their respective families along with their old parents. On the day of occurrence i. e. 12th August, 2001, the parents were away from home. The younger brother Chandan along with his son was watching TV in their house. At that time, the accused Ranadhir came, pulled out the plug from the switchboard and wanted to take the TV to his room. The deceased Chandan resisted and, at that time, the accused dealt with a dagger blow on the belly of the deceased causing his death.