MALE BORONI Vs. THE STATE

JUDGEMENT

(1.) THIS appeal from jail is directed against the order of conviction of the appellant Under Section 302, Indian Penal Code and sentence of imprisonment for life.

(2.) THE prosecution case is that on the night of 15th October, 1967 at about 2 a.m. while Gurmao Boro was sleeping in his house, his first wife Male Boroni struck several dao blows on him. On receipt of the dao blows Gurmao Boro ran towards the house of Khala Boro and accused Male Boroni chased him with the dao in her hand. Gurmao Boro fell down in the courtyard of' Khala Boro and the accused Male Boront dealt him two more blows with the dao. Meanwhile, the second wife of Gurmao Boro who was sleeping in another, house, roused by the sound, went to the house where Gurmao Boro was sleeping. She saw Gurmao Boro running towards the house of Khala Boro being chased by Male Boroni with a dao in hand. She found Gurmao Boro lying in the courtyard of Khala Boro and the accused gave two more blows on him. She then called the neighbours. At this Jalu and Chawa Boro came to the place of occurrence and they called Dhaniram Basumatari. The accused on being questioned by Dhaniram Basumatari, confessed that she intentionally killed her husband out of sheer disgust and sorrow. Khala snatched away the dao from the hand of the accused. In the meantime, Gurmao saccumbed to the injuries. Dhaniram Basumatari lodged the first information report at Bijni Police Station.

(3.) ON an examination of the evidence of P.W. 1, Dr. J. N. Bhuyan, Sub -Divisional Medical and Health Officer, Dhubri, who examined the dead body of deceased Gurmao Boro, it is found that there were eight incised injuries on the body of Gurmao Boro which are as follows: