BRINESH DAIMARY Vs. STATE OF ASSAM

JUDGEMENT

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

(2.) The victim of incident was Rina Daimary, aged about 25 years.

(3.) According to the prosecution case, Rina Daimary was married to appellant five years prior to the date of incident and they have two daughters aged four years and two years. All of them lived together in a house situated at village Jalahgaon falling within the jurisdiction of Police Station Simla, District Baksa. Mother Bimala Daimary (PW-4) and sister Nazita Boro (PW-5) of the appellant also lived with him. On 6.5.2011 at about 7 p.m., the appellant quarrelled with Rina Daimary over some issue and thereafter caused as many as four injuries on her neck and head with a saw and fled. The incident took place in the kitchen of their house. Station Officer Khetra Konwar (PW-9) of Jalah Police Station on receiving telephonic information from "Gaonburah" about the incident rushed to the house of appellant. He found injured dead body of Rina Daimary lying inside the kitchen. He also found blood stained saw by the side of dead body. He, therefore, seized the saw vide seizure memo exhibit 2. An inquest of the dead body was prepared by Executive Magistrate Ansulal Basumatary (PW-10). Khetra Konwar then referred the dead body of Rina Daimary for post mortem examination. Samin Boro (PW-1) father of Rina Daimary made the ejahar exhibit 1 against the appellant which was registered as First Information Report.