PURAN SURIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Jain, learned Amicus Curiae, for the appellant and Mr. K.C. Mahanta, learned Addl. Public Prosecutor, Assam.

(2.) The accused-appellant had done to death his own brother-Surin striking thrice of his head by an axe at around 6.30 p.m. on 4.10.2000 in his residence and surrendered himself before the police with the crime weapon axe. The next day in the early morning at 5.00 AM, their uncle Ranjan Surin lodged an FIR and a case was registered under section 302 Indian Penal Code by the Missamari Police Station. The crime was investigated and on completion of investigation, charge-sheet was laid. Thereafter, the Addl. Session Judge, Sonitpur, framed charge under section 302 Indian Penal Code against the accused, to which, on being read over and explained, he pleaded not guilty and claimed to stand trial.

(3.) The prosecution examined in all, 13 witnesses including the Investigating Officer and the Medical Officer but the accused examined none in his defence. On the basis of evidence on record, the learned Trial Court, by judgment and order dated 14.5.2002, convicted the accused under section 302 Indian Penal Code and sentenced him to undergo rigorous imprison ment (R.I.) for life without imposing any fine. This conviction and sentence has been challenged by the accused by preferring this appeal through jail.