NABIN KACHARI @ HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Gogoi, learned amicus curiae, and Ms. S. Jahan, learned Addl. Public Prosecutor, Assam.

(2.) The material facts of the prosecution case disclose that one Smt. Tulumoni Kachari is the deceased. Accused is the husband of the deceased. There used to be frequent quarrels between the husband and the deceased. On 30.10.2007, at 4.30 pm, there was a quarrel and the accused assaulted the deceased with a machete (dao). The son of the accused (PW1) was outside the house and on hearing the cries, he came to the house and found his mother lying dead with injuries and his father running away from the house with the weapon.

(3.) The complaint is lodged by PW1 before the police. Inquest is held on the dead body and the dead body is subjected to post mortem examination. The autopsy report discloses that death is due to shock and hemorrhage as a result of the injury caused to the neck. The accused is arrested and the accused made a judicial confession before the Judicial Magistrate under Sec. 164 Cr.PC.