DASHAMI MURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Smt. Dashami Mura has been convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/-, in default, rigorous imprisonment for 1(one) month for the murder of one Birchi Murari.

(2.) The incident resulting in the death of Birchi occurred at about 1:30 p.m. on 21st March, 2011 in the house of the informant/PW1 located at Mouza No. 2 Dighalia under Tingkhong Police Station in the district of Dibrugarh. The First Information Report was lodged by said PW1 i.e. Sri Anil Murari, brother-in-law of the deceased. The said first information was received and registered as Tingkhong P.S. Case No. 33/2011 under Section 302 IPC. Sri Jotin Dutta (PW10), the second officer of Tingkhong Police Station had proceeded to the place of occurrence, acting on the ejahar, and found the corpse of Birchi inside the house of the informant/PW1. Inquest Report in presence of witnesses was prepared and the cadaver of Birchi was sent for post-mortem examination. Statements of witnesses were recorded and the appellant was arrested. The weapon of offence, which was an axe, was recovered from the paddy field near the place of occurrence, as shown by the appellant. The post-mortem examination of Birchi was carried out on 22 March, 2011 by Dr. K.B. Choudhury (PW9). The Report revealed incised wounds, with size and description given therein, inflicted in the middle part of the back of the neck cutting the C2 vertebrae and spinal cord as well as on the left side of the face, back of the abdomen, back of the right chest over the right scapula and on the occipital region of the scalp. In the opinion of the doctor, death was instantaneous resulting from injury to the spinal cord with all injuries being ante mortem caused by sharp cutting heavy weapon and homicidal in nature.

(3.) Anil Murari (PW1), in whose house the dead body of Birchi was found, was the brother-in-law of the deceased. At the time of occurrence he was not at home and he came to learn about the incident from the villagers. When he rushed back home he found Birchi lying in an injured state and was dead. He did not find the appellant Smt. Dashimi Mura when he reached home.