BAPDHAN BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appellant herein, namely, Bapdhan Bordoloi, has preferred this appeal against the judgment and order, dated 30-01-2006, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 60 of 2005, convicting the accused-appellant under Section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one year.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(3.) The accused-appellant, Bapdhan Bordoloi, and Sakta Bordoloi (since deceased) were cousins, their houses being located adjacent to each other with no boundary fencing between the two houses. On 14-04- 2005, at about 10 pm, both the cousins had their meals together and, on that day, Sakta's wife, Dipali Bordoloi (PW1), their eldest son, Bhakta Bordoloi, aged about 10 years, and other family members were present at the house of Sakta. Having had their dinner, when the family members of Sakta were present in their courtyard, the accused, suddenly, came there with a heavy split bamboo and gave a blow with the same on the head of Sakta, Sakta fell down on the ground and he was carried, by his wife and mother-in-law, to a bed inside their house and, then, PW1 went to the local pharmacy, but the pharmacy was closed. After some time, the injured started vomiting and also passing stool and lost his sense. On the following day, in the morning, neighbours of the injured took him to the civil hospital, but the injured succumbed to his injuries; but before the injured died, PW1 lodged a written Ejahar (Ext. 4) with Morigaon Police Station alleging to the effect, inter alia, that taking advantage of the family dispute, the accused aforementioned assaulted her husband causing grievous injuries and the injured had been admitted to civil hospital, Morigaon, in critical condition. Based on this Ejahar, Morigaon Police Station Case No. 54 of 2005, under Section 325 IPC, was registered against the present accused-appellant. Since the injured, as indicated hereinbefore, died, inquest was held over his dead body, post mortem examination was performed thereon and, on completion of investigation, police laid charge sheet against the accused-appellant under Section 302 IPC.