RAJ MIRDHA Vs. STATE OF ASSAM

JUDGEMENT

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

(2.) The victim of the incident is Makar Mirdha. He was aged about 30 years on the date of incident. He was also brother of the appellant.

(3.) According to the prosecution case, Tulshi PW 2 lived together with her appellant son and his wife Laxmi Mirdha PW 4. Another son Mohan Mirdha also lived with Tulshi. Her victim son Makar however lived separately in a nearby house along with his wife Kalpana Mirdha PW 3. On 20.2.2011, at about 8 PM, Tulshi was having meal in her house with Mohan. At that time, the appellant, who was drunk and armed with a dao, asked for Rs.200/- from Tulshi. And on refusal by Tulshi, the appellant rebuked her. He also started swirling the dao indiscriminately. Seeing this, Tulshi raised an alarm, Makar, on hearing the commotion, came to the house of Tulshi, whereafter a quarrel took place between him and the appellant. The appellant then dealt a blow with a dao on the neck of Makar due to which he fell down and died on the spot. Kalpana Mirdha PW 3 lodged ejahar Exhibit 3 at Deberapar Police Out-Post of Police Station Mariani on 21.2.2011. The police, on reaching the house of appellant, prepared the inquest report Exhibit 5 and also seized the dao vide Exhibit 2.