JUDGMENT AND ORDER (CAV)

M. Zothankhuma, J.—Heard Mr. G. Phukan, learned Counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

2. This appeal has been filed against the Judgment & Order dated 22.11.2019 passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 143 (NL)/2017, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5,000/-, in default, to undergo rigorous imprisonment for 6 (six) months.

3. The Prosecution case in brief is that one Munindra Chabukdhora, who is PW-2 had filed an FIR dated 20.05.2016 before the In-charge, Simaluguri Police Outpost under Bihpuria Police Station, stating that around 4 p.m. on 20.05.2016, Sri Manjit Sarkar @ Babu Sarkar had called his elder brother Utpal Chabukdhora to the house of Sri Letu Lohar (PW-3). Thereafter liquor was provided to his elder brother and Manjit Sarkar (appellant) killed his elder brother by stabbing the deceased with a knife.

4. Pursuant to the FIR dated 20.05.2016, Bihpuria P.S. Case No.328/2016 under Section 302 IPC was registered and investigation was