BOLORAM KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.M. Choudhury learned Amicus Curiae representing the appellant. Also heard Mr. Z. Kamar learned Additional P.P. Assam.

(2.) This jail appeal has been directed against the judgment and order dated 30.12.2003 passed by the Additional Sessions Judge, Jorhat in Sessions Case No. 58 (JJ)/2002 whereby the appellant was convicted under Sec. 302, and sentenced to suffer rigorous imprisonment (for short RI) for life and a fine of Rs. 2,000.00 in default RI for three months.

(3.) The prosecution case in brief is that on 4.3.2001 at about 6.30 p.m. the appellant killed his own brother Asharam Karmakar (hereinafter referred to as the deceased) hitting him with a Bamboo handle of a spade. To this an FIR was lodged by Mukesh Ahmed, PW 1 with the Lahdoigarh Police Station under Teok Police Station. The learned Sessions Judge having appreciated the testimony of as many as 14 witnesses so examined by prosecution, including the Court witness, CW 1 and also taking into consideration the confessional statement made by the appellant found that the appellant killed his brother and accordingly convicted and sentenced him as indicated above.