BIPIN MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Bipin Mura 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 the incident was Bortolam Tigga, aged about 55 years.

(3.) According to the prosecution case, Bortolam was uncle of the appellant. Both of them were neighbours and their houses had a common fence. Since Bortolam had no electricity connection, his son Basil Tigga (PW-2) and daughter Bibiana Tigga (PW-3) often used to go to the house of appellant to watch television. On the night of 9.5.2008 around 9 p.m. Basil was watching television in the house of appellant. At that time, Bibiana also went there to watch television. But Bibiana instead of entering the house through a normal route crossed the fence by making a gap in it. The mother of appellant rebuked Bibiana for her this conduct. In the result, the mother of Bibiana brought her back to their house and closed the door. When appellant returned home, he came to know about the quarrel between his mother and Bibiana. He then became angry and quarreled with Basil who had stayed back in his house to watch television. Thereafter, the appellant went to the house of Bortolam and abused him filthily. In a fit of anger he also assaulted Bortolam with a wooden stick on his forehead and nose. Bortolam was immediately taken to garden hospital from where he was referred to Golaghat Civil Hospital for proper treatment. But there he succumbed to his injuries.