BOGA MURMU Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Boga Murmu has been convicted under Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000.00 with default stipulation.

(2.) The victim of the incident was Brajai Murmu, aged 32 years.

(3.) According to the prosecution case, the appellant and Brajai were brothers. They lived in their respective houses, but shared a common courtyard. On 20.2.2011, sometime in the afternoon, appellant's son was collecting betel-nuts from the enclosed yard of Brajai. This was not liked by Brajai and, therefore, he beat appellant's son. The appellant then came and questioned Brajai why he had beaten his son. The questioning led to a quarrel between the appellant and Brajai. In the quarrel, Brajai assaulted the appellant with a lathi tree. The appellant also then, in a fit of anger, brought a dao and caused an injury on the neck of Brajai with it. He caused one another injury with a dao on the shoulder of Brajai. Brajai was immediately taken to Borhat Government Hospital, where doctor declared him death. Ejahar exhibit 6 of the incident was made by wife Putoli Murmu (PW-1) of Brajai at Police Station Borhat. In the ejahar, she has categorically named appellant as the assailant of Brajai.