BIRCHA KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal has been filed by the accused appellant Sri Bricha Kurmi, from jail, against the Judgment of conviction and sentence dated 15.03.2014 passed by learned Additional Sessions Judge No. 2 (FTC), Tinsukia in Sessions Case No. 178 (M) of 2008, convicting the accused appellant under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5,000/ -, in default to suffer rigorous imprisonment for another 3 (three) months.

(2.) Heard Mr. Sanjoy Kumar Medhi, learned amicus curiae for the appellant and Mr. Dhanesh Das, learned Additional Public Prosecutor, Assam.

(3.) It is seen from the records that on 02.08.2008, around 09:00 AM, one Shri Anjan Saikia (PW.1) lodged an FIR before the Officer -in -Charge of Digboi Police Station under Tinsukia District, Assam stating that their neighbour Bircha Kurmi, a resident of Borbil No.2 murdered their second brother Troilakya Saikia, son of Shri Debeswar Saikia by hitting him in his head with an axe.