RAJU BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Raju Borah has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for lifeand fine of Rs.3,000/- with default stipulation.

(2.) The victim of incident was Khirodhar Bordoloi, aged 55 years.

(3.) According to the prosecution case, on the night of 13.1.2005 around 11 p.m., Khirodhar was celebrating 'Uruka' (Bihu Festival) along with his family members as well as with the family members of Ratul Borah (PW-5) at the backyard of his house. Each of the family member was enjoying feast specially arranged by Khirodhar. At that point of time, the appellant came there and started abusing his cousin Ratul Borah by using filthy language. But, on the objection of Khirodhar, he went away. The appellant than after about five minutes again came and repeated his act. Khirodhar asked his guests not to react and went to appellant with a piece of meat to pacify him. Instead, the appellant, in a fit of anger, suddenly, dealt a blow with a dao like object on the head of Khirodhar. Seeing this, when Junti Borah (PW-4), wife of Ratul Borah, came out and tried to caught hold of the appellant, he pushed her. In the result, Junti Borah fell on the cooked meal and sustained simple injuries. Wife Puspa Bordoloi (PW-1) and son Deepak Bordoloi (PW-2) of Khirodhar, who were present at the place of occurrence, are eye witnesses to the incident. Likewise, nephew Ujjal Gogoi (PW-11) also witnessed the incident.