PUNA BORUAH Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Puna Boruah has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation.

(2.) The victim of incident was Pabitra Bora, aged about 34 years.

(3.) According to the prosecution case, Sarulara Barua along with his wife Kalimai Barua (P.W.-3) lived at village Pahukata falling within the jurisdiction of Police Station Nagaon. With them, their son appellant and daughter Hemkanti Boruah (P.W.-1) also lived. Their another daughter Kunja Bora (P.W.-2) was married to Pabitra Bora. On 26.1.2000, Kunja had also visited Sarulara and Kalimai to spend few days with them. And with her, Pabitra Bora too stayed in the same house. Around 7.30 p.m., the appellant returned home from outside and started quarreling with Hemkanti and Kunja. Kunja, therefore, went to Pabitra and narrated about the behaviour of appellant. Pabitra bonafidely came to the appellant and asked him not to misbehave. But the appellant suddenly dealt a blow on the head of Pabitra with a "Hatuwahi" (small axe) from its blunt side and ran away. Pabitra was carried to hospital for treatment, but he died on the next day. Hemkanti made ejahar exhibit 1 at Police Station Nagaon against the appellant.