BHARAT TASA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Bharat Tasa has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation for committing the murder of his wife Satya. He has also been convicted under Section 323 of the Indian Penal Code and sentenced to one year simple imprisonment for causing simple injury to his minor son Rubul.

(2.) According to the prosecution case, the appellant is husband of Satya. They have a daughter Babli (PW-9) and son Rubul. All of them lived together in a house situated at Aideopukhuri Tea Estate. Even his mother, Dhonmoni (PW-5) lived with him. Rajib Tasa (PW-1) is brother of appellant. He also along with his wife Bijita (PW-10) lived in the house of appellant, but in a separate portion. On the night of 1.1.2011, both Rajib and appellant returned home. After some time, the appellant for some reason became angry. On seeing the anger of appellant, Rajib left the house and went to the house of his neighbour. Later, during midnight when Rajib came back, he found the door of house closed from inside. The appellant was inside and yet he did not open the door. After a while, their mother Dhonmoni somehow managed to open the door and came out. Dhonmoni then informed him that appellant had killed Satya and injured Rubul inside the room. Rajib, out of fear, did not enter the room. He instead took Dhonmoni and Babli to his sister's house who lived nearby. On the following morning around 6 a.m., Rajib returned to appellant's house and found injured dead body of Satya lying inside. He also found Rubul lying injured whereas the appellant had fled. In the meantime, many villagers had also gathered at the appellant's house. Rubul was sent to hospital for treatment. Rajib made the ejahar, Exhibit-1 against the appellant at Police Station Sonari, Sivasagar.

(3.) Officer-in-Charge of Police Station Sonari, Durlab Das (PW-11) on receiving the ejahar, immediately rushed to the house of appellant. There he also found the dead body of Satya lying inside. He then prepared the inquest report, Exhibit-2 of the dead body and thereafter, recorded the statement of witnesses. The appellant was caught by the villagers around 11 a.m. from the pond of Rajen Gogoi where he was hiding, whereafter, his custody was handed over to the police.