NARENDRA BORDOLOI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) We have heard Ms. S. Roy, learned counsel appearing on behalf of the appellant and also Ms. S. Jahan, learned Additional Public Prosecutor, Assam, for the respondent State of Assam.

(2.) On 22.11.2006, at about 7.30 PM., there was a quarrel in the house of the accused person the accused Narendra Bordoloi who was neighbor of Shri Babuli Chandra Nath was quarreling and abusing his son Dulumoni Bordoloi in his house and at that time during the commotion Prabin Nath, who is the brother of said Shri Babuli Nath arrived and raised objection for such abusing of his own children by the accused, then the accused attacked Prabin with a spear resulting instantaneous death of Prabin Nath. The wife of the said Prabin Nath, namely, Bhogreswari Devi who was also along with said Prabin Nath. The wife of the said Prabin Nath was also inflicted injury by dagger by the said accused resulting injury on her person. The brother-in-law of said Bhogreswari Devi who happened to be present in his house at that time, having been seen the occurrence took the injured Bhogreswari Devi to Hospital along with Prabin nath and also filed an FIR before on the facts before the O/C Mikirbheta P.S. Accordingly, Mikirbheta P.S. Case No. 151/06 under Sections 302/341/326/34 IPC was registered and the prosecution was set into motion. During the course of investigation, the I.O. recorded the statements of the witnesses and also recovered the weapons of offence i.e. one bamboo stick having spear on it and also one dagger having a wooden handle immediately. After due completion of the investigation, I.O. submitted charge-sheet under Sections 302/341/326/34 IPC.

(3.) The learned Court below committed the case to the Court of Sessions after complying with the provisions of Section 307 IPC and since the offence is triable by the Court of Sessions. On being committed, the learned Sessions Judge, framed the charge under Sections 302 and 326 IPC after hearing both sides and when explained, the accused pleaded not guilty and claimed to be tried. In support of the case, the prosecution examined as many as 13 (thirteen) witnesses and the defence examined none. The plea of defence is of complete denial. The statement of the accused was recorded under Section 313 Cr.P.C. wherein also he denied all the allegations. On completion of the trial, the accused was held guilty for the offence committed under Section 302/326 IPC and sentenced him to undergo rigorous imprisonment for life and also to pay a fine of Rs.5,000/-, in default, rigorous imprisonment for one year under Section 302 IPC.