RATAN PRAJA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Ratan Praja has been convicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs.3,000/- with default stipulation.

(2.) The victim of incident was Butu Praja @ Paban Praja, aged about 22 years. He was also son of the appellant.

(3.) According to the prosecution case, Promila Praja (PW-2) is wife of appellant. She has five children, but Butu Praja was from her first husband. Butu Praja lived with Promila Praja and the appellant in their house. On the night of 30.9.2011, at about 9.30 p.m., Butu Praja returned home after work and asked for meal. And while Promila Praja was preparing meal, Butu Praja enquired from the appellant where liquor was kept. The appellant did not like this at all. He first told Butu Praja to keep quiet and then suddenly hacked his neck with a dao. Promila Praja tried to catch hold of the appellant, but he pushed her and fled with the dao. Butu Praja died on the spot. Promila Praja raised hue and cry and narrated the incident to the local residents. On the following morning, she made the ejahar exhibit 4 at Margherita Police Station against the appellant. The police then rushed to the place of occurrence and made the inquest report exhibit 2 of the dead body, which was lying inside the drawing room of the appellant's house. After few days, on 6.10.11, the local people caught hold of the appellant and handed over his custody to the police. The police thereafter seized one dao from him.