MADAN TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.K. Adhikari learned amicus curiae and Mr. B.J. Dutta, learned Addl. Public Prosecutor, Assam. The material facts of the prosecution case disclose that one Naba Talukdar is the deceased. Accused is the father of the deceased. Wife of the deceased is P.W. 1 and she was working as a cook in the Mid Day Meal Scheme. On 23.10.2009, P.W. 1 brought the ration of the Mid Day Meal Scheme to her house. The accused took objection that the firewood belonging to their house being used for cooking the Mid Day Meal and, therefore, insists payment of Rs. 100/-. P.W. 1 exchanged words with the accused. There was a scuffle between them. P.W. 1 sustained some bruises and abrasions. P.W. 1 also assaulted and kicked the accused in the scuffle. The deceased, who is husband of P.W. 1, comes to the house in the afternoon and he comes to know about the incident. He becomes angry and kicks his mother. The deceased also comes and assaults and tried to throttle the accused. At that time, he was doing wood work. The accused, somehow, escaped from the grip of the deceased. The accused goes inside and brings a wood chiseler and assaults the deceased with the wood chiseler on his chest As a result, the deceased succumbs to the injuries at the spot. The complaint is given by P.W. 1.

(2.) Inquest is held on the dead body and dead body is also subjected to post mortem examination. Post mortem report discloses that death is due to shock and hemorrhage as a result of the injury sustained. The death is said to be homicidal.

(3.) Mother of the deceased is a witness to the incident. The prosecution did not examine her. Accused has, however, examined her as Defence Witness to prove that the incident happened in a state of quarrel. P.W. 1 is the wife of the deceased and she is also a witness to the incident and she deposes to the proceeding quarrel between herself and the accused and also testifies the quarrel between accused and the deceased. The trial Court, on the basis of the said evidence, convicted the accused for an offence under Section 304(Part I) IPC and sentenced the accused to R.I. for a period of ten years. Hence, this appeal.