MARGIT PEGU @ KAMDEV Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Margit Pegu @ Kamdev has been convicted under Section 302 of the Indian Penal code and sentenced to imprisonment for life for the murder of Uma Kanta Pegu. He has also been sentenced to fine of Rs. 10,000/ -, or in default of payment of fine, to undergo one year rigorous imprisonment.

(2.) The appellant is cousin of victim Uma Kanta.

(3.) According to the prosecution case, on 6.2.2009 at about 9 a.m. Uma Kanta Pegu was sitting in the courtyard of his house. He was also holding a small baby in his lap and speaking to someone on telephone. At that point of time, the appellant suddenly appeared and stabbed on the right side of the chest of Uma Kanta with the pointed end of 'biriya' (a piece of split bamboo used for carrying bunches of paddy on shoulder). On sustaining injury, Uma Kanta stood up and spun in the courtyard a couple of times before falling down losing consciousness. Appellant then fled from the spot leaving the 'biriya' there. Uma Kanta was rushed to the hospital, where he was declared dead. The incident was witnessed by Purna Kanta Pegu (P.W.1) who immediately lodged an ejahar at Police Station Gogamukh, whereupon, police reached the spot and seized the 'biriya' . The police also sent the body of Uma Kanta for post mortem examination. According to the post mortem examination report (Exhibit -P/3), cause of death of Uma Kanta was shock and haemorrhage due to stab injury caused on the right side of his chest. The police after investigation chargesheeted the appellant for an offence under Section 302 of the Indian Penal Code.