BIREN BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The accused-appellant stands convicted under Section 302 IPC and sentenced to undergo imprisonment for life with fine of Rs. 2.000/ by the Additional Sessions Judge. Jorhat in Sessions Case No. 12(J-J)/94 vide judgment dated 4-5-1994.

(2.) Aggrieved by the aforesaid conviction and sentence the accused has preferred this appeal through jail. Unrepresented as he was Mr. N. Dhar was appointed as Amicus Curiae. But, we are sorry to note that in almost every such appeal wherein amicus curiae are appointed, either do not turn up much less rendering any assistance. The least that is expected of them is to inform the Court of reasons, which prevented them from appearing when such matters are listed an amicus curiae owes a greater duty to the Court than a counsel representing a party.

(3.) It is a case of fratricide. The, accused-appellant was charged for committing murder of his brother Suren Bhuyan following a quarrel that ensued between the two on some domestic matter. The incident took place on 22-12-1993 around 6.30 P.M. at Daflatinga Tea Estate in Line No. 16 where the accuseds parents resided with his brothers.