MADHAB DEORI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 5.2.2005 passed by the Sessions Judge, Morigaon in Sessions Case No. 63/2004 whereby the appellant was convicted for having murdered his elder widowed sister Suala Dekaraja by assaulting her with a dao. The appellant is convicted and sentenced to life imprisonment and to pay a fine of Rs. 5,000 and in default to undergo rigorous imprisonment for another two months.

(2.) THE case of the prosecution is that the victim was the elder widowed sister of the appellant and she was staying with him in his house. On the day of occurrence that is on 10.3.2004, when the appellant came back from fishing and was apparently hungry, he asked his sister whether there was any rice available. She picked up her dao and went outside the house to cut firewood. Apparently, at this point, the appellant snatched the dao from her hand and hit her on the head, wounding her grievously.

(3.) AFTER she fell down in front of the gate of PW6, Kolia Konwar, she was unable to speak. She was then taken to a private hospital and then shifted to a larger hospital in Nagaon where she succumbed to her injuries.