KULA BORTH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a case of unfortunate death of a house wife Punyalata Saikia. The incident took place on 3.7.91 while Punyalata was in the house of Kamala Kalita (PW 2). While the deceased was sitting and gossiping with PW 1, Satyabati Hazarika and others, it is alleged that the accused person came with an umbrella in his hand and pushed the umbrella in her lower abdomen causing injury. Punyalata went home and reported the matter to her son and other persons. Subsequently she was treated at local primary Health Centre wherefrom she was referred to the Assam Medical College Hospital, Dibrugarh but on the way she succumbed to injuries. Thereafter FIR was lodged. During trial prosecution examined as many as 17 witnesses and on conclusion, the learned trial Judge convicted the accused appellant u/s 304 IPC and sentenced him to imprisonment for 7 years and to pay a fine of Rs. 2,000/- in default further imprisonment for one year.

(2.) PW 7 is the doctor N. Sonowal who held autopsy over the dead body and found as follows:

(3.) In view of the overwhelming medical and oral evidence on record the death of the deceased as such, is not disputed or challenged and the trial Court also rightly held that the deceased died as a result of the injury sustained.