RAMESWAR LOHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Rameswar Lohar has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for lifeand fine of Rs.5,000/- with default stipulation.

(2.) The victim of incident was Nipu Dey @ Nripendra Dey.

(3.) According to the prosecution case, Nripendra was well known to the appellant. On 26.6.2008, around 6.30 p.m., the appellant met Nripendra on way, while the latter was returning home after closing his shop. Because of their close acquaintance, they entered into conversation on personal affairs. During conversation, Nripendra disclosed to appellant that his newly born son was actually from him because of his illicit relation with the appellant's wife. This infuriated the appellant and he hacked Nripendra to death with a dao. The appellant then went to Daso Majhi (PW-5) with a dao in his hand and confessed his guilt. Thereafter, the appellant returned home and washed his blood stained shirt and dao. Ejahar exhibit 1 of the incident was made by Widow Anjali Dey (PW-1) of Nripendra at Police Station Borhat. Since she was not an eye witness, she did not name any person as the assailant of Nripendra. The police during investigation arrested the appellant on the night of incident itself. The police also seized one dao from his possession vide seizure list exhibit 4. While in custody, the appellant expressed his desire to make confession. The police, therefore, requested the Judicial Magistrate, First Class, Charaideo, Sonari to record his statement of confession. On 14.9.2012, Smti.Rashmita Das (PW-10), Judicial Magistrate, recorded appellant's statement of confession exhibit 8 under Section 164 of the Code of Criminal Procedure.