NALIA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellants Nalia Das and Sarulora Das @ Jatin Das have been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- each with default stipulation.

(2.) The victim of the incident was Nayan-moni Saikia, aged about 35 years.

(3.) According to the prosecution case, on 30.11.2009, around 7 p.m., Nayanmoni had gone out from the house towards village and as he reached Chakradhora Gaon Tinali (Tri-juncture), Sarulora Das caught hold of him tightly with his both arms and Nalia Das dealt a blow on his head with an axe. Thereafter, both of them fled from the scene of occurrence. Nayanmoni was immediately taken to Golaghat Civil Hospital by his brother Jitumoni Saikia (PW-1) and father Tikheswar Saikia (PW-2). But since the condition of Nayanmoni did not improve, he was referred to Dibrugarh Hospital on 1.12.2009 for better treatment. Ejahar exhibit 1 of the incident was lodged by Jitumoni at Ghiladhari Police Station, which was registered as First Information Report. In the ejahar, Jitumoni did not claim himself to be an eye witness nor did he mention the name of Sarulora as a participant in the crime. Nayanmoni, however, succumbed to the head injury on 3.12.2009. Dr. Dhrubajyoti Deka (PW-5) conducted the post mortem examination on the dead body of Nayanmoni. He found one incised looking lacerated wound on left parietal temporal region of the head of Nayanmoni. The doctor opined that Nayanmoni died due to coma, as a result of head injury caused by blunt face impact.