1. The instant appeal has been preferred from jail against a judgment and
order dated 09.03.2022 passed by the Addl. Sessions Judge (FTC), Biswanath
Chariali in Sessions Case No. 44/2019 registered under Section 302 of the IPC
[corresponding to Section 103 of the BNS] with R.I. for life and a fine of
Rs.5,000/-.
2. The incident is one of fratricide whereby the allegation is against the
appellant of killing his own brother.
3. The criminal law was set into motion by lodging of an Ejahar on
30.10.2018 by one Bhabananda Tanti (PW-2), who is the brother of both the
appellant and the deceased. He had narrated that on the previous day, i.e.,
29.10.2018 at about 9 pm, there was a quarrel on some domestic matter which
led to attack by the appellant on his brother in the quarters with an axe
resulting in grievous injury whereby the deceased had died instantaneously. The
said Ejahar was registered as Biswanath P.S. Case No. 266/2018 under Section
302 IPC [corresponding to Section 103 of the BNS] and investigation was done
in which the statements of the relevant witnesses were recorded, the sketch
map prepared, post-mortem done, and all other steps were taken leading to
laying of the Charge Sheet. The charge was accordingly framed, which was
explained to the appellant and on its denial, the trial had begun in which the
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prosecution had adduced evidence through 10 Nos. of witnesses.
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