MAGHEN MORAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Maghen Moran has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.3,000/- with default stipulation for committing the murders of Sarbon Tanti and Naresh Mura. He has also been convicted under Section 326 of the Indian Penal Code and sentenced to rigorous imprisonment for 7 years and fine of Rs.1000/- with default stipulation for causing grievous injury to Manoj Mura. The jail sentences have been ordered to run concurrently.

(2.) According to the prosecution case, Manoj Mura (CW 1) and Fulumoni Mura (CW 2) are husband and wife. They lived along with their two daughters Asha Mura (PW 3) and Malini (PW 4). Sorbon and Naresh were close relation of Manoj and Fulumoni. They also lived in their neighbourhood but across the road. On 7.6.2009, sometime in the late evening, Asha and Malini were quarrelling over domestic dispute in their own house. The appellant somehow managed to see this and came to them. He then caught hold both of them by their hair and dashed their heads against each other. Manoj did not approve this conduct of the appellant and dealt a blow to him with a stick. The appellant left the place angrily by saying that his name was Maghen. After sometime, around 7 PM, the appellant returned with a dao in his hand and dealt one blow with that dao on the head of Manoj. Thereafter, he also dealt blows to Sarbon and Naresh with the same dao and fled.

(3.) The incident was witnessed by Fulumoni. She naturally called for help, due to which, people gathered at the place of occurrence. Sarbon, Naresh and Manoj were taken to Doomdooma Hospital, where Sarbon and Naresh were declared dead. Since the condition of Manoj was serious, he was shifted to Assam Medical College Hospital, Dibrugarh. There, he was examined by Dr. Anupal Deka (PW 14), who found one incised wound on the right side of his face and two fractures in mandible. The Injury Report of Dr. Anupal Deka is (Exhibit 8). According to the Report, injury caused to Manoj was by a sharp edged weapon and he was discharged after one month i.e. on 7.7.2009. Fulumoni lodged the ejahar (Exhibit 7) at Post Outpost Jutulibari, which was forwarded to Police Station Doomdooma. Thereafter, police prepared the Inquest Reports Exhibits 5 & 6 of the dead bodies of Naresh and Sarbon, respectively. The police also arrested the appellant on 8.6.2009 from Jutulibari Tea Estate.