JUDGMENT :

[R. Phukan, J.]

1. Heard Mr. T. Son, learned Amicus Curiae and Mr. G. Tado, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

2. This appeal is preferred from jail by Shri Lahap Taiju, who has been convicted by the learned Sessions Judge, Khonsa, in Khonsa Sessions Case No.21/2019, under section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and also to pay a fine of Rs.5,000/- (Rupees Five Thousand) only, with default stipulation.

3. It is to be noted here that the appellant has preferred this appeal from jail, and as no Advocate was engaged by him, Mr. T. Son, learned Advocate, Gauhati High Court Bar Association, Itanagar Permanent Bench, was appointed as Amicus Curiae to assist the Court.

4. The factual background leading to filing of this appeal is briefly stated as under:-

“The appellant -Shri Lahap Taiju is an inhabitant of Old Changlang village, under Changlang Police Station. On 10.09.2005, one Shri Haptu Taiju, younger brother of Shri Lahap Taiju, lodged an FIR with the Officer-in-Charge, Changlang Police Station to the effect that on 09.09.2005, at about 6 to 7 PM his elder brother-Shri Lahap Taiju had kil