ARUNKUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant on being convicted under Section 302 of the Indian Penal Code and having been sentenced to undergo rigorous imprisonment for life in addition to a fine of Rs.500/- has filed the present appeal.

(2.) The First Information Report (FER) in the present case has been lodged by one Ratul Chandra Nath, the cousin of the accused, on 23rd November '91 alleging therein that at about 2 p.m. someone killed Dhruba Nath, son of Hangsha Nath, by hacking him in the neck and in the eyes while he was sleeping. Hangsha Nath was described by the lodger of the FIR as his maternal uncle. It was stated in the FIR that the complainant was harvesting in the field where he learnt about the occurrence. The appellant was stated to be earning his livelihood by running a cycle shop at Rupahi Chowk.

(3.) After the registration of the FIR, the investigating agency swung into action by visiting the place of occurrence where a dao, the weapon of offence, was recovered. The inquest report was prepared, other formalities were completed. The appellant, according to the prosecution, surrendered before the police in the police station at 2.00 p.m. on 25th Nov.'91 and disclosed that it was he who committed the murder of his elder brother. The confessional statement was recorded by the Judicial Magistrate, the PW.2.