NITYA BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS criminal appeal arises out of a judgment and order dated 30.7.2004 passed by the learned Sessions Judge, Dhemaji, in Sessions Case No 37(DH)/2000, convicting the accused appellant under sections 302 / 326 IPC and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000.00, in default, to suffer rigorous imprisonment for one year for the offence committed under section 302 IPC and also to suffer rigorous imprisonment for six years and to pay fine of Rs. 1,000/- under section 326 IPC, in default, to suffer rigorous imprisonment for 2 years. The sentences were to run concurrently.

(2.) THE prosecution case, in brief, is that one Shri Bhadreswar Bora filed an ejahar before the in-charge, Machkhowa Police Out Post, on 22.3.97, stating that while his daughter, Smt Dipali Bora, had gone to their gate way to tether a she-goat, Shri Nitya Bharali ,out of previous grudge, dealt a cut blow on her head with an axe killing her instantly. When his wife, Smt Sushila Bora went forward to save her, the said Nitya Bharali dealt a cut blow on her as well with an axe and caused her grievious injury. In the said ejahar, it was also alleged that Shri Biswa Bikash Bharali, Shri Nomal Bharali and Shri Dharmendra Bharali had incited Shri Nitya Bharali to cause the incident and that other members of the family of Shri Nitya Bharali were also involved in the incident. On receipt of the ejahar, Machkhowa Police Out Post GD Entry 764 of 22.3.97 was made and thereafter, the case was forwarded to the Officer-in-Charge of Dhakuakhana Police Station, whereupon, Dhakuakhana PS Case No 499/97 under sections 302/326/307/109/34 IPC, was registered.

(3.) PW- 7 is the informant and father of the deceased. He had seen the attack on his wife but not the assault on his daughter. It is his evidence that hearing shouts, as he had come out of the house, he saw the accused appellant striking his wife with an axe. His daughter was already lying on the ground with injuries on her head and chest. He was a witness to the inquest report, Ext- 1. In cross-examination, he had stated that the accused appellant was his nephew from his daughter's clan and that the house of the accused appellant was adjacent to theirs. He also deposed that there was no quarrel between the families and they were on visiting terms. It came out in his evidence that Shri Biswa Bikash Bharali, Shri Nomal Bharali and Shri Dharmendra Bharali, whose names had figured in the ejahar, had filed a case against him. He stated that the said 3 persons along with the accused appellant were present at the place of occurrence and Shri Biswa Bikash Bharali threatened to kill him.