UTPAL NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 29.4.99 passed by the learned Sessions Judge, Barpeta in sessions Case No. 58/1996.

(2.) On 25.3.94 the complainant Bhupen Nath PW2 lodged a written FIR before the police stating inter-alia that on that day there was a village trial at the instance of the gaonbura wherein his elder brother Dwipen Nath had an altercation with the two accused persons Utpal Nath and Jiten Das and thereafter at 9.30 PM these two accused persons came to the house of Dwipen Nath and called him out for certain discussions and thereafter they stabbed him with daggers. The injured was thereafter removed to hospital where the doctor declared him dead.

(3.) During trial, prosecution examined as many as nine witnesses and on conclusion of the trial, the learned trial court convicted the accused appellants under Section 302 IPC and sentenced them to imprisonment for life and to pay a fine of Rs. 2000/- each in default further imprisonment for six months. Hence the present appeal.