LAKHI MAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Lakhi Mal has been convicted under Section 302 of the Indian Penal Code (IPC) for committing murder of Milon Mal and sentenced to rigorous imprisonment (RI) for life and also to pay a fine of Rs. 5,000/-.

(2.) The prosecution case, in brief, is that on 27.09.2012 at about 09:30 p.m. when the deceased Milon Mal who was gossiping in his house with the family members, the appellant Lakhi Mal came to their house and after talking for sometime asked Milon Mal to accompany him to his (Lakhi Mal's) house. Accordingly, both the appellant and Milon Mal went away. After about 10/15 minutes the complainant Mahadev Mal heard shouting by Lakhi Mal and went to the house of the appellant to find that the deceased Milon Mal was lying dead with injury on his person. On 28.09.2012 an ejahar was lodged by Sri Mahadev Mal, i.e. the brother of the deceased Milon Mal, informing the Officer-in-Charge of the Dholai Police Station about the incident. On the basis of the ejahar, Dholai P.S. Case No. 367/2012 was registered under Sections 326/302 of the Indian Penal Code and investigation was conducted by the Investigating Officer Sri Bimal Saikia, where-after charge-sheet was submitted against the appellant. Eventually, on completion of the trial the appellant was convicted under Section 302 IPC for murder of Milon Mal by the impugned judgment and order dated 29.3.2014 passed by the Sessions Judge, Cachar in Sessions Case No. 150/2014.

(3.) Post Mortem Examination was conducted on the dead body of deceased Milon Mal on 28.09.2012 at the Silchar Medical College Hospital (SMCH), Silchar. As per the Post Mortem Report (Exhibit-3) the following injuries were noticed: