CHENIRAM BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant herein arrayed as accused in Sessions Case No. 73(J)/2004 for murder of one Punilal Kurmi and causing injury to Humeswar Kurmi, were sentenced to imprisonment for life with fine of Rs. 1,000/- in default rigorous imprisonment for 2 months for the offence of murder.

(2.) ONE 3.6.2003 Harimoti Kurmi sister of the informant expired. The informant along with other villagers took the dead body to their land for cremation as per their custom. The accused came and restrained them from cremating the dead body on the land. Other people who accompanied the victims left the place leaving the accused and victims. The victims insisted that cremation would be at the place, claiming that the land belong to them. The accused then showered bloody assault on Punilal by means of a weapon. Punilal sustained extensive wounds and died on the spot. Humeswar Kurmi was also assaulted by the accused. Rameswar Kurmi father of the deceased lodged an FIR. Police registered a case and on completion of investigation submitted the charge-sheet under Section 302/324 IPC against the accused.

(3.) THERE is no dispute that Punilal Kurmi was murdered at the time and place mentioned by the prosecution. The antemortem injuries observed by the doctor who conducted the post-mortem examination has been detailed in the post-mortem report. The nature of injury was on vital organ of the deceased and without difficulty we could observe that the deceased would have died instantaneously.