PREM CHAND LAMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Prem Chand Lama has been convicted under Section 302 of the Indian Penal Code (IPC) for causing death of his daughter-in-law Dalam Lama, aged about 18 years and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/- and in default, to serve a further period of 2(two) months of rigorous imprisonment.

(2.) Ejahar (Ext.2) in the case was lodged by Sambhu Lama (PW-2) on 19.03.2009 before the Officer-in-Charge, Lekhapani Police Station stating that around 2.30 P.M. on 19.03.2009 his daughter Dalam Lama was hacked to death by her father-in-law Prem Chand Lama by means of a dao. According to him, when his daughter was on her way to the weekly bazaar of Bisa Gaon on 19.03.2009, accompanied by Kai Singpho (PW-9), the appellant had hacked her to death with a dao. He also stated that his nephew Sanjoy Lama had informed him about the incident over phone and that he also saw the dead body of his daughter Dalam Lama. Based on the said ejahar, Lekhapani P.S. Case No.14/2009 under Section 302 IPC was registered. Md. Fazil Uddin Ahmed (PW-11), Sub-Inspector of Police, Lekhapani Police Station was entrusted to take up the investigation and upon completion thereof, charge sheet was submitted against the appellant Prem Chand Lama. The case was committed to trial with formal charge being framed.

(3.) To bring home the charge against the appellant, the prosecution examined as many as 11(eleven) witnesses including the Medical Officer and the Investigating Officer. After close of evidence of the prosecution witnesses, the appellant was examined under Section 313 CrPC and was also heard on the quantum of sentence under Section 235(2) CrPC.