KABIRAJ TUDU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a jail appeal filed by the accused in sessions case No. 94(N)/ 86 on the file of the Sessions Court, Nalbari, who has been convicted under Section 302, I.P.C. and sentenced to undergo imprisonment for life and pay of fine of Rs.1000.00 and in default to undergo rigorous imprisonment for six months.

(2.) Prosecution case is that at about 8.00 a.m. on 29-6-1985 appellant armed with a bow and arrow chased Lakhi Mardi, wife of P.W. 1 and when she reached the paddy field of P.W. 2, he shot an arrow which struck her in the back region of her head and she fell down injured. The occurrence was witnessed by P.W. 2 who was working in the field and P.W. 3, the 8 year son of Lakhi Mardi who was coming behind his mother. P.W. 2 ran away out of fear. P.W.3 ran away and informed his father, P.W. 1, about the occurrence. P.W. 1 came to the scene and with the help of others took his wife to his house where she died. He went to Kumarikata Police Out Post and gave Ext. 1 information to the S. I. of Police in charge, P.W. 4. P.W. 1 sent Ext. 1 to Tamulpur P. S. having jurisdiction over the area, for registration of the case. He was directed to conduct investigation. He proceeded to the village, held inquest over the body of deceased and prepared inquest report, Ext. 3. He arrested the appellant the next day and questioned him. He went to the scene and noticed bloodstains and seized Ext. 1 arrow head lying there. Post-mortem was conducted by P.W. 5, Medical Officer. After completing investigation, P.W.4 laid the final report against the appellant under Section 173, Cr. P. C.

(3.) Appellant pleaded not guilty before the Sessions Court. Prosecution examined five witnesses and marked the relevant documents and material exhibits. Appellant, when questioned by the trial Court, merely denied the truth of the prosecution evidence. The trial Court held that the charge against the appellant under Section 302, IPC has been established beyond reasonable doubt and convicted and sentenced him as stated above.