RATNESWAR HIRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Ratneswar Hira has been convicted under Section 302 of Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs.5,000/-with default stipulation. He has also been convicted under Section 324 of the Indian Penal Code and sentenced to rigorous imprisonment for 3 years. The jail sentences have been ordered to run concurrently.

(2.) The facts in short are these. The appellant is husband of Akan Hira (PW-2) and he lived as "Gharjowai" i.e. residing in the house of her father at village Athgaon falling within the jurisdiction of Police Station Kamalpur, District Kamrup. Nagen Hira (PW-1) is elder brother of Akan Hira. He too lived in the same compound along with his wife Rajkumari. The appellant used to do daily wage work. On the morning of 19.4.09, he left the house for work, but soon came back because he could not find any work. Over some issue at home, he started abusing Akan Hira and pushed her out of the house. Akan Hira though fell outside the house, even then, the appellant assaulted and caused injuries to her with a dao. Seeing this, Rajkumari (her sister-in-law) naturally rushed to save her. And while Rajkumari was trying to save Akan Hira, the appellant dealt a blow on the neck of Rajkumari with a dao. Rajkumari died on the spot and the appellant ran away. Later, the public caught hold of the appellant and tied him with a rope. At that time, Nagen Hira was at the place of his work. He was informed by his niece and nephew about the incident. He, therefore, returned home and found the injured dead body of Rajkumari lying in the courtyard. He also found Akan Hira sitting in the courtyard with injuries on her body. On his asking, Akan Hira narrated the incident to him. Nagen Hira then made the ejahar exhibit 1 at Police Station Kamalpur against the appellant.

(3.) Police immediately referred Akan Hira to Primary Health Centre, Kamalpur for her medical examination. Dr. AK Dhing (PW-6) found three incised wounds on her person. One incised wound was on forearm with a suspected fracture of forearm bones; one incised wound in the middle part of middle and ring finger (both fingers) and one incised wound on her right shoulder. The injury report of Dr. AK Dhing in this regard is exhibit 4. He opined that injuries were fresh and could have been caused by sharp cutting weapon.