HARI PRASAD NUNIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Hari Prasad Nunia has been convicted under Section 302 of Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) The victim of incident was Mina Chou-han, aged about 45 years. She was also wife of the appellant.

(3.) According to the prosecution case, appellant along with his wife Mina Chouhan lived together in their house at Natun Ramnagar, District Cachar. Their daughter Kabita Nunia (PW-4) and son Brojo Kumar Nunia (PW-5) also lived with them. On 19.8.2007, both appellant and Mina Chouhan left their house together for the field. And while working in the field, appellant made a murderous assault on Mina Chouhan with a spade. Mina Chou-han died on the spot due to multiple injuries caused to her. Fulmati Chouhan (PW-3) saw the appellant causing injuries to Mina Chouhan. She raised hue and cry and narrated the incident to her son Patiram Chouhan (PW-2). Ejahar exhibit 3 of the incident was made on the same day at Police Station Sonai, District Silchar by Kabita Nunia. In the ejahar, Kabita Nunia mentioned the name of appellant as an assailant of Mina Chouhan. Investigating Officer - Amalendu Chanda (PW-7) rushed to the place of occurrence and found the injured dead body of Mina Chouhan in the field. A.R.Mazumdar, Executive Magistrate prepared inquest report exhibit 1 of the dead body. At that time, the dead body was kept in the police truck. Thereafter, Amalendu Chanda seized the spade on being produced by Kabita Nunia. On 20.8.2007, Dr. B.C. Roy Medhi (PW-6) conducted the post mortem examination on the dead body. He found as many as five cut injuries on the head of Mina Chouhan. The doctor, therefore, opined that she died due to injuries caused to her which were ante mortem in nature. His post mortem examination report is exhibit 4. The doctor after examining the seized spade also opined that injuries could have been caused by its sharp side.