LAKHIRAM KURMI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Appellant Lakhiram Kurmi has been convicted under Sec. 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5000.00 with default stipulation for committing the murder of his wife Bhanu @ Nikita.

(2.) The appellant was married to Bhanu 3 months prior to the date of incident. Both used to work in the Rangapathar Tea Estate falling within the jurisdiction of Police Station Sonari. The appellant however believed that Bhanu was having illicit relations with one Ajay Kurmi. On 30.4.2008, at about 10 AM, Bhanu was having tea along with co-workers in the Tea Estate. At that time, the appellant was also working nearby with a pruning knife (Kalam Katari) commonly known as 'dao '. The appellant then came to Bhanu and in the presence of co-workers, mercilessly caused multiple injuries to her by his pruning knife. Shocked and stunned Bhanu, after receiving injuries, dropped dead on the ground. The appellant, instead of running away, remained at the place of occurrence. He also held the knife in his hand. Md. Azizul Hoque (PW-1) employed as Clerk in the Tea Estate, informed Garden Manager Abdul Sobhan about the incident, who, in turn, telephonically called the police. Suren Bailung (PW-14), Sub Inspector of Police Station, Sonari, on reaching the place of occurrence, found appellant standing near the dead body of Bhanu with a knife in his hand. The appellant, then, on the asking of Suren Bailung, dropped the knife on the ground. Immediately, thereafter, the police took the appellant into custody and Md. Azizul Hoque lodged the Ejahar (Exhibit P1), wherein, he categorically named the appellant as an assailant of Bhanu. The police also seized the knife as Material Exhibit 1, vide Seizure Memo Exhibit P3, in the presence of witnesses - Md. Azizul Hoque (PW 1), Sunil Phukan (PW 2) and Jugal Rajowar (P.W.3). The Police even seized blood stained blouse of Bhanu and forwarded the same along with pruning knife in a sealed packet to the Directorate of Forensic Science, Assam, for their examination.

(3.) Dr. Diganta Kumar Das (PW-4) carried out the postmortem examination on the dead body of Bhanu. He found two fatal incised wounds on the head of Bhanu and multiple incised wounds on her both hands. The assault was so forceful that right wrist joint of Bhanu suffered a fracture. According to the opinion of Dr. Diganta Kumar Das, the cause of death of Bhanu was due to shock and hemorrhage as a result of multiple injuries caused by sharp edge weapon. The doctor also opined that injuries found on the dead body of Bhanu could be caused by seized weapon - pruning knife (Kalam Katari).