Decided on November 09,2018

Kande Kerketa Appellant
STATE OF ASSAM Respondents


Hitesh Kumar Sarma, J. - (1.) This is an appeal, preferred from jail, by the accused-appellants, against the judgment and order, dated 24.02.2016, passed by the learned Sessions Judge, North Lakhimpur, in Sessions Case No. 1(NL)/2013, convicting and sentencing the accused-appellants to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- each with a default clause under Sections 302/34 IPC. 1) The fact leading to the case is that, the deceased went to the house of the accusedappellants in the night of 3.10.2011. The deceased and the accused-appellant Kande Kerketa are the brothers, and, accused-appellant Manga Kerketa, is the son of accused-appellant, Kande Kerketa. The purpose of the visit of the deceased to the house of the accusedappellants was to have discussion regarding partition of their ancestral properties. During the course of discussion, as regards the partition of their ancestral properties, the accusedappellants picked up a quarrel with the deceased. At that time, accused-appellant, Manga Kerketa, caught hold of the deceased and the accused-appellant, Kande Kerketa, inflicted axe blows on the person of the deceased, resulting, ultimately, in his death. The accusedappellant Manga Kerketa also assaulted the informant/PW1, who is the wife of the deceased, with a lathi, causing injuries on her person.
(2.) On receipt of the FIR, on such facts, Bihpuria Station registered a case, being No. 285/2011, under Sections 302/326/34 of the IPC, investigated into it, collected evidence, and finally, submitted charge-sheet against the accused-appellants under Sections 302/323/34 IPC.
(3.) After exhausting all the required legal formalities, the trial court of learned Sessions Judge, Lakhimpur, framed a formal charge against the accused-appellants, under Sections 302/323/34 IPC, to which they pleaded innocence. Therefore, the trial commenced.;

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