PRAFULLA CHETRY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Prafulla Chetry 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 Gangamaya Chetry, aged about 32 years. She was also the sister of Dil Bahadur Chetry (PW-1).

(3.) According to the prosecution case, Dil Bahadur Chetry and his wife Kalpana Chetry lived together in a house situated at village Rajabari (Ouguri) District Golaghat. Along with them, Gangamaya Chetry and appellant also lived in the same house. Gangamaya Chetry was sister of Dil Bahadur Chetry whereas appellant is his nephew. On 8.5.2013, at about 4.25 PM, while Gangamaya Chetry was sweeping the rear courtyard, the appellant dealt a blow from behind on her head with a big dao, as a result of which, she died on the spot. At that time, only Kalpana Chetry was in the house and Dil Bahadur Chetry was working inside the enclosed yard. On hearing the hue and cry, Dil Bahadur Chetry rushed to his house and saw the appellant standing with a dao in his hand and Gangamaya Chetry lying dead with bleeding cut injuries on her head. Likewise, hearing the commotion, neighbours of Dil Bahadur Chetry also came to the house and saw the appellant standing with a dao near the injured dead body of Gangamaya Chetry. All of them tied the appellant with a rope and Dil Bahadur Chetry went to Police Out Post Numaligarh to make ejahar exhibit 1. Uday Upadhaya (PW-2) had accompanied Dil Bahadur Chetry upto the Police Station. The ejahar was thereupon registered as First Information Report exhibit 4 at Police Station Golaghat. The police immediately rushed to the house of Dil Bahadur Chetry and made the inquest report exhibit 3 on the dead body of Gangamaya Chetry. Thereafter, the police also seized one long dao fitted with a bamboo handle from the possession of appellant. This the police did in the house of Dil Bahadur Chetry. The seized dao belonged to the household of Dil Bahadur Chetry.