SUTNIA BHUI @ PUNYA Vs. STATE OF ASSAM

JUDGEMENT

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

(2.) The victims of the incident were Harujan Karmakar, aged about 32 years and a girl child Tulshi @ Bhoni Karmakar, aged about 2 years.

(3.) According to the prosecution case, on 15.1.2006, Harujan Karmakar was enjoying picnic with his family members and children in a field nearby his house. At about 6 PM, the appellant armed with a dao, suddenly came there and dealt a blow on the neck of Harujan Karmakar. The appellant then dealt another blow aiming at Haren Karmakar (PW-1), but it struck the head of girl child Tulshi, who was in his lap. Both Harujan and Tulshi were immediately taken to Sonari Hospital where Harujan died. Tulshi was referred to Assam Medical College & Hospital, Dibrugarh for better treatment, but she too died there. Ejahar exhibit 2 of the incident was lodged on the same day by Sargam Karmakar (PW-4) at Police Station Kakotibari, District Sivasagar. Inquest reports exhibits 1 and 3 on the dead bodies of Tulshi and Harujan were made respectively by the police.