MAHENDRA KEOT Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Bharali, learned counsel for the appellants and Ms. Begum, learned PP.

(2.) The two appellants before us are the brother and sister, Sister Bhabani Talukdar was married to Kula Talukdar or Udalguri Town and the couple lived together along with a minor son, Jibon Jyoti Talukdar (PW-3) and minor Bhaswati. The brother Mahendra was a student of Tangla College and used to reside with the couple and attend his classes therefrom. In the early hours of 25th July, 1997 on hearing the wailing of accused Bhabani the other family members residing in the nearby houses came to the house of the deceased and found him lying dead with cut injuries on the neck and back. The bloodstained axe and a letter (Material Ext. 1) were found lying nearby.

(3.) Sri Pradip Kumar Talukdar, brother of deceased Kula Talukdar lodged the FIR (Ext. 1) at Udalguri Police Station, whereupon police came to the place of occurrence and held inquest over the dead body and seized the weapon of assault and the letter and thereafter sent the dead body for postmortem examination which was conducted by Doctor Deben Saikia (PW-4). The Doctor found as follows: