MOHAN KUMAR RAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Mohan Kumar Rai has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.3000/- with default stipulation. He has also been convicted under Section 324 of the Indian Penal Code and sentenced to fine of Rs.1,000/- and in default to undergo simple imprisonment for 1 month.

(2.) The victim of the incident was Siba Chetry alias Sibu, aged about 15 years.

(3.) According to the prosecution case, Maya Debi Rai (PW-2) worked in Tipok Colliery and lived in her house situated in the Colliery itself. The appellant is her elder son. He too lived with Maya Debi in the same house. Since the brother of Maya Debi had died, his son Sibu also lived with her. Pinki Chetry (PW-3) is daughter of another brother of Maya Debi and she was also staying in the house of Maya Debi since one month prior to the date of incident. On 12.9.2011 around 7 a.m. Maya Debi had left her house to attend duty in the Colliery. At that time, Siba was arranging his bed whereas Pinki was sweeping the floor of house. The appellant asked Siba to apply ointment on his burn injury. Siba for some reason did not respond promptly. The appellant felt so infuriated that he caused multiple injuries to Siba with a dao, as a result of which, he died on the spot. Pinki tried to intervene but the appellant assaulted her also with the same dao. Pinki received one cut injury over her left arm on dorsal side. Pinki then naturally raised hue and cry and hearing the commotion, co-villagers rushed to the place of occurrence, to whom, she narrated the incident. Likewise, Maya Debi was also informed and on her reaching home, Pinki disclosed that the appellant had cut Siba with a dao. Krishna Rai (PW-1) is elder brother of appellant and he lived separately. He was informed about the incident by Kamal Subba over phone and when he reached the place of occurrence, Pinki narrated the incident to him also. Krishna then made ejahar Exhibit-1 against the appellant at Police Out Post Ledo falling within the jurisdiction of Police Station Margherita.