LAKHI BORO @ NARZARY Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Lakhi Boro has been convicted under Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1,000.00 with default stipulation.

(2.) The victims of the incident were Kanduri Boro and Bhogi Boro - both aged 65 years. Kanduri was appellant's mother whereas Bhogi was his cousin.

(3.) According to the prosecution case, Kanduri lived with her two sons - appellant and Siraj Boro (PW-2). The appellant had divorced his first wife and re-married to another woman. The appellant's second wife too therefore lived in the house of Kanduri. Likewise, wife Tapeswari Boro (PW-3) of Siraj also lived with Kanduri. On 29.9.2012, around 6.30 p.m., the appellant returned home and started quarrelling with his second wife. To this behaviour of his, Kanduri objected. The appellant got infuriated even more and reacted in a most inhuman manner. He hacked Kanduri to death with a dao. The appellant then saw Bhogi who had innocently come to ask for lime for chewing tobacco. He, for no rhyme or reason, hacked Bhogi also to death with the same dao. At that time, Siraj and Tapeswari were in the house and they saw the appellant committing the murder of his old helpless mother. Smti. Biren Boro (PW-4) is daughter of Bhogi. She also saw the appellant hacking Bhogi. Siraj then tried to intervene and resist, but the appellant ran after him with a dao. Somehow Siraj managed to escape and narrated the incident to the villagers. Thereafter, on the next morning, Siraj made ejahar exhibit 2 against the appellant at Police Station Khairabari, District Udalguri. Later, the appellant was found hiding inside a Lavatory of Primary School with a dao in his hand. The villagers immediately surrounded him and handed over his custody to police when it came. The police then seized dao from his possession vide exhibit 3. Dr.Ganesh Das (PW-10) conducted the post mortem examination on the bodies of Kanduri and Bhogi. He found multiple cut injuries on both the bodies. He in his post mortem examination reports exhibits 4 and 5 opined that Kanduri and Bhogi died due to cut injuries which were caused by sharp edged weapon.