INCHAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. RD Mazumdar, learned Amicus Curiae, and Ms. S. Jahan, learned Addl. Public Prosecutor, Assam. The prosecution case discloses that one Rameja Bibi is the sister-in-law of the accused in the sense, wife of his younger brother, who is PW5, incidentally the complainant. The accused and his brothers were living separately in different houses in the same compound with a common courtyard. There used to be family quarrel between the accused family and the deceased family. On 23.07.2009, at 7.00 a.m., there is a quarrel. The accused was making a statement in a fit of anger that he will tear apart the deceased. The accused with mattock (called siprang in Assamese language), assaulted the deceased on his head and other parts.

(2.) PW7 is another younger brother, who was in his house and saw the entire incident. He came to rescue, but he was threatened by the accused, hence, he ran away. The husband of the accused was not in the house at the time. The husband of the accused (PW5) came back and lodged a complaint to police. The deceased was admitted to Civil Hospital at Mirza, later on, for better treatment, she was referred to Gauhati Medical College and Hospital. The deceased succumbed to the injuries on 31.07.2009. The police conducted inquest, the dead body is subjected to post mortem examination. The post mortem report discloses that the death was due to shock and hemorrhage due to coma as a result of head injuries. The injuries were ante mortem and death is homicidal. The police, after completion of investigation, filed a Final Report against the accused. The accused is charged for committing offence under Section 302 IPC.

(3.) In the evidence before the trial Court, PW7 has testified to the fact that at the time of incident, he was in his house and he has been able to see the entire quarrel from his house. The accused took the mattock, violently went towards the deceased and caused the injuries. PW7 went to rescue, he was threatened by the accused, therefore, he ran away.