PATRESWAR BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises from a judgement of the Sessions Judge, Goalpara passed on 25-6-86 in Sessions Case No. 25(3-G) of 1985 convicting the accused appellant under Section 302, IPC and sentencing him to imprisonment for life.

(2.) Undisputed fact, which is supported by the evidence and materials on record, is that the deceased Karmeswar Basumatary and the accused Patreswar Basumatary are brothers and are resident of Bamuni gaon. At the time of occurrence accused was a student, aged 20 and the deceased Karmeswar Basumatary aged 30. They lived together and sleeped together in one room. They had no other family members. They had no bed as such. They made arrangement for their sleeping on the floor of the room and the deceased was sleeping with the accused on the night of 4-3-83. The accused killed his elder brother with whom he was asleep, while the deceased was sleeping.

(3.) The accused spoke in defence when he was asleep with his brother, he dreamt a dream in which he was throttled by someone and, therefore, he took the dao which was kept on the head of the bed and dealt a blow. But blow fell on the neck of his elder brother who was then sleeping. This fact is also stated in the confession of accused recorded under Section 164, Cr. P.C. After hearing the learned counsel for the parties, the plea of the accused has not been disputed.