BABUL DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Babul Deb has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2,000/- with default stipulation.

(2.) The victim of the incident was Brojendra Deb @ Krishna Deb, aged about 65 years.

(3.) According to the prosecution case, the appellant and his father Brojendra had shops adjoining to each other. The appellant and Brojendra sold fruit and vegetables from their respective shops. The appellant has been persuading Brojendra to sell his shop for material gains to which he did not agree. On 31.5.2013, around 8 PM a quarrel broke out between them over the same issue. And the appellant, in a fit of anger, caused injuries to Brojendra with a piece of fire wood and also with a small knife which was kept in the shop. Brojendra could not survive the injuries caused to him and died. The local residents caught the appellant. Mother Pranati Deb (PW-7) of appellant lodged the ejahar exhibit 3 at Patharkandi Police Station, District Karimganj. In the ejahar, she categorically named the appellant as the assailant of Brojendra. Tamrul Haque Laskar (PW-8), In-charge of Police Station rushed to the place of occurrence and prepared the inquest report. There, the public handed over the custody of appellant to him. Tamrul also seized the blood stained wood piece and one knife vide exhibit 2 in the presence of witnesses.