RAJESH SAHAN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Appellant Rajesh Sahan has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.10,000/ - with default stipulation for committing the murder of Jagat Kurmi.

(2.) According to the prosecution case, Jagat was an employee in Hokonguri Tea Estate. He also lived there along with his wife Faguni Kurmi (PW 1) and five children. And the appellant lived in the neighbourhood of Jagat. He too was an employee in the same Hokonguri Tea Estate. On the evening of 11.9.2011, at about 7.30 PM, Jagat was in his house along with Faguni and children. The children were reading and doing the work assigned to them by their school. At that point of time, the appellant was playing music loudly in his house. This disturbed the children of Jagat in their reading. Jagat therefore went to the house of appellant and objected to his playing loud music. But the appellant did not approve the objection and got so infuriated that he inflicted three blows to Jagat with a dao after chasing him.

(3.) Jagat was immediately carried in a vehicle first to a local Longsowal Garden Hospital and from there to Dibrugarh Medical College Hospital for treatment. But he died as soon as his treatment started. Ejahar (Exhibit 2) of the incident was lodged by Ananta Kumar Tanti (PW3), Welfare Officer of Hokonguri Tea Estate at Police Station Doomdooma, which was registered as First Information Report.