SRI KRISHNA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Krishna Das has been convicted under Sec. 302/447 of the Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for life and also to pay fine of Rs. 5,000.00, in default whereof, to suffer rigorous imprisonment for another six months.

(2.) The prosecution case in brief, is that on 10/03/2007 at about 6-30 p.m., taking advantage of the absence of the husband of the informant Boby Das, the appellant had tried to outrage her modesty. When the informant Boby Das had raised a hue and cry, her elder brother Bharat Das and her younger brothers Biju Das and Ridip Das came running to her rescue from the nearby house. However, the appellant had severely injured Ridip Das with a dao causing grievous injury upon him resulting to his death. That apart, Srimanta Das, the son of the appellant had also severely injured Bharat Das and Biju Das by hacking them in several parts of their body and had thereafter fled away.

(3.) An ejahar was lodged on 12/03/2007 at the Demow Police Station in the district of Sivasagar by Smt. Boby Das informing the said incident. On the basis of the ejahar, Demow Police Station Case No. 16/2007 was registered under Sec. 354/511/326/34 of the Indian Penal Code and the matter was investigated by Assistant Sub-Inspector of Police Shri Rajani Kanta Saikia, who had submitted charge sheet against the appellant. On receipt of the case on transfer, the learned Additional Sessions Judge ( FTC), Sivasagar had framed charges, whereafter the case was put to trial. Eventually, the trial Court had convicted the appellant under Sec. 302 Penal Code for committing the murder of Ridip Das.