TILAK KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Talukdar, the learned Counsel appearing for the appellant as well as Mr. Z. Kamar, the learned P.P. Assam.

(2.) The legality and correctness of the conviction of the appellant under section 302, I.P.C. and the sentence to suffer rigorous imprisonment (for short,, 'the R.I.') for life and to pay fine of Rs. 500 in default further 1 month's R.I. so handed down by the learned Additional Sessions Judge, Nagaon in Sessions Case No. 84 (N)'88 by judgment and order dated 23.12.1994 have been assailed in this criminal appeal.

(3.) The factual matrix of such conviction and sentence as unfolded by the witness in short compass is that the investigation ensued on the basis of the F.I.R. lodged by one Sri Padum Bora, P.W. 5 with the Officer-in-Charge, Nagaon Police Station on 7.10.1985 wherein it was alleged that his elder brother Sri Pradip Bora (hereinafter referred to as the 'deceased') when came out to Tinimuri from his home, the appellant way-laid him and caused grievous injuries to him by stabbing below the naval with a knife with a view to causing his death and later on his brother succumbed to such injuries.