HANU BAISTAV Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 26.3.2007, passed, in Sessions Case No.154/2005, by the learned Sessions Judge, Dibrugarh, convicting the accused-appellant, Hanu Baistav, under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/- and, in default of payment of fine, to suffer imprisonment for a period of one month.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: The deceased, Ghutra Murari, was the husband of Asha Baistav, P.W.7. The accused did not have any cordial relationship with his brother-in-law Hanu Baistav. On 25.3.2005, Ghutra, along with his wife Asha, went to the house of his in-laws on being invited. He took meal and liquor there with his in-laws. Thereafter, there was quarrel between him and his in-laws. The in-laws inflicted dao blows causing Ghutra's death. Thereafter, they dragged the dead body by the side of a pond near their house. On being informed by Asha that her husband has been killed by father and brothers including the accused appellant, P.W.3 Anan Murari went to the side where the dead body was lying by the side of the pond. Having been informed by the wife of the deceased, P.W.3 went to Moran Police Station on 26.3.2005 stating that on 25.3.2005 at night, Hanu Baistav, Manu Baistav and Chutu Baistav had killed Ghutra by giving him blow with dao and threw the dead body by the side of the pond. On the basis of the said F.I.R., Moran PS Case No. 31/2005 under Section 302/34 IPC was registered against the said 3 accused persons.

(3.) During investigation, the police visited the place of occurrence and made inquest over the said dead body, got the postmortem examinations and on the basis of the statements, Ext.6, which the accused appellant Hanu Baistav had allegedly made, the dao, weapon of assault was recovered from the house of Kalyan Machua (PW 10) at the instance of the accused. On completion of investigation, the police registered the case, under Section 302/34 IPC against all the 3 accused persons aforementioned.