JUDGMENT :

N. KOTISWAR SINGH, J.

1. Heard Ms. B. Sarma, learned amicus curiae for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

2. The present jail appeal has been preferred against the judgment dated 05.02.2014 passed by the learned Sessions Judge, Cachar, Silchar, in Sessions Case No. 36/2012, by which the appellant has been convicted for commission of offence under Section 302 of IPC and was sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 500/-.

3. The prosecution case in brief is that on 04.09.2011, the appellant who is a person with impaired speech and hearing, assaulted his elder brother Chandu Roy with a chopper (dao) hitting him on the neck and thereby causing his death. Accordingly, an FIR was lodged on 04.09.2011. On the basis of the aforesaid FIR lodged, a police case being Silchar Police Case No. 1471/2011 under Section 302 of IPC [Indian Penal Code, 1860] was registered. Investigation was then launched and on completion of the investigation, the charges were framed and on committal and on charges being denied by the appellant, trial commenced. In course of the trial, the pr