THANESWAR HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Thaneswar Hazarika has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) The victim of the incident was Phanidhar Hazarika, aged about 50 years. He was also the elder brother of appellant.

(3.) According to the prosecution case, appellant and Phanidhar often used to quarrel over property dispute. On 6.2.2007, at about 6 PM, when Phanidhar returned home, the appellant suddenly went there with a lathi and dealt a blow with it on his head. The incident was witnessed by Lily Hazarika (PW-2), wife of Phanidhar. After receiving the blow on the head, Phanidhar fell down. He was then taken to the Golaghat Civil Hospital, where he died on 8.2.2007. Ejahar of the incident exhibit 1 was lodged by Papul Hazarika (PW-1). He is brother of appellant and Phanidhar. The police reached the place of occurrence and arrested the appellant on 7.2.2007. The police also seized one lathi vide exhibit 3 from the appellant.