BILBIL SABAR Vs. STATE OF ASSAM

JUDGEMENT

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

(2.) The victim of the incident is Ruknu Sabar, aged 18 years. He was brother of the appellant.

(3.) According to the prosecution case, on the night of 25.12.2009, around 8 PM, the appellant dealt a blow on the head of Ruknu with a dao and left him on the road. The appellant then came to the house of his mother Salmoni Sabar (PW 3) where his elder brother Manglu Sabar (PW2) was also present. There the appellant confessed before them that he had inflicted cut injury to Ruknu with a dao on the road, where he was lying. Hearing this, Salmoni, being the mother of Ruknu, rushed to the place of occurrence, which was little away from her house. There she found Ruknu lying in a pool of blood on the road. Ruknu was brought home, but he died on the following morning at about 4 AM. Manglu then went to Police Station Golaghat and lodged the ejahar wherein he named the appellant as an assailant of Ruknu. The police came to the place of occurrence and seized the dao allegedly used in the commission of crime. The seizure of dao is Exhibit 6 which mentions that no blood stain was found on it.