CHOWRA KUJUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Chowra Kujur has been convicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs.3,000/- with default stipulation.

(2.) According to the prosecution case, on the morning of 2.8.2011, the appellant killed his own male child Anurag, aged 1 years by hacking his neck with a dao. This he did in his own house situated at Line No.3, Pawoi Tea Estate, falling within the jurisdiction of Digboi Police Station. Sanatan Gowala (PW-2) was the Secretary of Village Defence Party. He in that capacity, telephonically informed the police about the incident. Likewise, Budhua Kujur (PW-1) made the ejahar (First Information Report) at Digboi Police Station. He is younger brother of appellant. In the ejahar, Budhua Kujur categorically named the appellant as an assailant of Anurag. On reaching the place of incident, the police forcibly opened the door of appellant's house which was closed from inside. At that time, local residents were also present. After opening the door, dead body of Anurag was found lying inside the house. A dao smeared with blood was also found near the dead body. And the appellant was found hiding under a bed. Inquest report exhibit 5 of the dead body was prepared by the Executive Magistrate. Dr. PJ Dutta (PW-5) conducted the post mortem examination on the dead body. He found as many as three incised wounds on the neck. The neck of child Anurag but for skin attachment was virtually severed from the body. The doctor in his post mortem examination report exhibit 2 opined that death was due to injuries on the neck which were ante mortem and caused by a sharp cutting object.

(3.) During trial, the appellant pleaded false implication. He, however, did not adduce any evidence in defence.