LAKHIRAM GARH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Lakhiram Garh has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) The victim of the incident was Hiramoti Garh, aged about 50 years. She was also the wife of appellant.

(3.) Appellant and Hiramoti lived together in a small house having two rooms. One of the rooms was occupied by them and the other room was occupied by their son Khagen Garh, aged about 13 years (PW-1) and daughter in law Phuleswari Garh (PW-3) of another son Cheniram Garh. Cheniram Garh worked in the State of Kerala and therefore mostly he was out. On the intervening night of 9.1.2012, the appellant and Hiramoti slept in their room whereas Khagen Garh and Phuleswari slept in another room. Around 12 O-clock in the night, appellant hacked Hiramoti on her neck with a dao as a result of which she died. Khagen Garh and Phuleswari on hearing the commotion from the room of appellant, woke up and tried to enter that room but was prevented by the appellant. Around 6 AM in the morning, Khagen somehow managed to come out from the house and informed the elder brother of appellant Sanjib Garh (PW-5) about the incident. Sanjib Garh then informed Village Headman Protekram Kisko (PW-6) who in turn informed the Secretary of Village Defence Party Md. Habibur Rahman (PW-7). Md. Habibur Rahman telephonically informed the police about the incident. Thereafter, all of them went to the house of appellant and found Hiramoti lying dead with injury in her neck inside the room. In the meantime, the appellant also surrendered at the Police Station Uriamghat.