MANGLU KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.12.05 passed in Sessions Case No. 200/03 by the learned Sessions Judge, Sonitpur, Tezpur convicting the accused/appellant under section 302 /436 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 1000/- in default to undergone R.I. for another period of two months for the offence under Section 302 IPC and sentencing him to R.I. for five years and to pay a fine of Rs. 500/- in default to undergone imprisonment for another period of one month for offence under Section 436 IPC. Being aggrieved by and dissatisfied with such judgment, the accused/appellant has preferred this appeal.

(2.) The prosecution case, as it emerges, during trial in brief is that the accused is a resident of Garakhla Pukhuri village under Tezpur Police Station. On the night of 07.10.03, he was sleeping in one of the rooms of his house. His wife and his minor daughter, aged about 8 years, were also sleeping in the same room. Smti. Durgi Kumar, the daughter of the accused along with her friend, named "Mogo" was also sleeping in a room adjacent to the room where the accused along with his wife and minor daughter were sleeping on that all eventful night.

(3.) Sometime after midnight, Smti. Durgi Kumar awoke up from her sleep hearing noise coming from the room where her parents were sleeping. She, therefore, immediately rushed to such room only to see her mother and sister being slaughtered by her own father. On seeing her in the room, the accused also threatened to kill her. The turn of events frightened her so much so that she fled her home taking Mogo, her friend, with her and came to the residence of Budhua Kumar, the brother of the accused person and narrated him what she had witnessed in her own house moments before.